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HomeMy Public PortalAboutM 1987-10-06 - CC431 REGULAR MEETING OCTOBER 6, 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, Wells, Richards answered the roll call. Also present were City Manager Gomez, City Attorney H. Barbosa and City Clerk Hooper were absent. Deputy City Attorney Ron Wilson was present in the audience but declined Mayor's invitation to come to Council table. Deputy City Clerk Warren announced the Agenda had been duly posted Brown according to The. Brown Act. Aft It was moved by Mayor Richards, seconded by Councilmember Byork that the minutes of the previous meetings be held over until the next regularly scheduled meeting. It was moved by Councilmember Henning, seconded by Councilmember Wells to receive and file the following Proclamations and Commenda- tions: Lynwood Chamber of Commerce - Lynwood Day at the Fair (Accepted by Bernie Lakes) National Sickle Cell Month - October, 1987 Southeast Escrow Association Month - October, 1987 Minority Enterprise Development Week - October 4-10, 1987 (Accepted by Mr. Salenka) Kenneth Hahri - 40 Years in Office - October 8, 1987 Dr. Betty Jackson - Executive Officer for CHUER Dr. Ernest H. Smith - Sickle Cell Education and Detection Center Brenetha (Trice) Jackson - Athletic Achievements ROLL CALL: A E COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE It was moved by Councilmember Henning, seconded by Councilmember Wells to recess to the Lynwood Redevelopment Agency at 7:45 p.m. ROLL CALL: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE Council reconvened at 8:57 p.m. City Attorney H. Barbosa arrived at 8:25 p.m. Mayor Richards announced the time had arrived to conduct a public hearing on the Appeal of the Planning Commissions Decision to approve Conditional Use Permit No. 87044. It was moved by Councilmember Henning, seconded by Councilmember Wells to open the public hearing. Use Permit #87044 public hearing Ray Chivera, 11434 Plum, questioned the procedure as to the appeal- sale ant speaking. Stated there are no restrictions on the hours of hours o~ sale and that alcohol related problems among Hispanics is higher alcohol than in any other race. Feels there should be a time factor in which an applicant would have to come back before Council for review. 432 City Attorney Barbosa stated an applicant is bound by his license to run a reputable business. Councilmember Henning questioned some of the statements on the fliers distributed to Council regarding alcohol and Hispanics. Robert Robert Fry, 12501 Alpine stated he is in favor of the restaurant Fry- but does not want alcohol served. Stated the Sheriffs Department restauran~ad opposed this location selling alcohol but they have now serving approved. Questioned if this location will eventually become liquor a night club. Resident Charles Glenn, 3533 Carlin, stated he is not in favor of_ the not in restaurant and feels a lot of other problems in the area should favor be taken care of before any establishment selling alcohol should be considered. Resident, 3828 Wisconsin, South Gate, stated she lives across the resident street from the proposed restaurant. Presented pictures to Council states showing the trash and debris that is prevalent in the area. trash,etc. Irene Sanchez, 10125 San Jose, spoke regarding the restaurant and resident does not wish to see any alcohol sold at the location due to it against being a high crime area. resident Alberto Penalber, 3737 Lugo, stated he is not in favor of the against restaurant selling alcohol. alcohol Alfonso Avida, Designer of Project, stated the building will be Avida remodeled inside and out, will have a family type setting, and designer will have ample parking space, and feels it will be an asset to feels it the city. will be an asset There was no further response and it was moved by Councilmember Morris, seconded by Councilmember Henning to close the public hearing. After Council discussion, Res.#87-1OLUTION N0. 87-138 entitled: "A RESOLUTION OF THE CITY COUNCIL selling OF THE CITY OF LYNWOOD UPHOLDING THE DECISION OF THE PLANNING beer ~ COMMISSION APPROVING CONDITIONAL USE PERMIT N0. 87044 TO ALLOW wine A BONA FIDE RESTAURANT WITH ON-SITE CONSUMPTION OF BEER AND WINE on AT 10115-10211 LONG BEACH BOULEVARD, LYNWOOD, CALIFORNIA, IN THE Long Bch C-3 (HEAVY COMMERCIAL) ZONE." was presented. Blvd It was moved by Councilmember Byork, seconded by Councilmember Henning to uphold the Planning Commissions decision and adopt the resolution. Mayor Richards stated the city should examine every application that is intending to sell alcohol as the city is responsible for enforce- ment. City Attorney Barbosa stated Council may set certain rules and restrictions at any time there is a particular set of problems at a location. After further Council discussion, Mayor Richards asked for roll call. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICFiARDS NOES: NONE ABSENT: NONE Amend. The Mayor announced the time had arrived to hold public hearing on #87076 Zoning Ordinance Amendment No. 87076 prohibiting above ground storage storage of flammable and combustible liquids. above ground comb liquids Hearing no response, it was moved by Councilmember Byork, seconded by Councilmember Henning to close public hearing. Amend. ~~~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 79-501 79.501 OF THE UNIFORM FIRE CODE AND SECTION 12.4 OF THE LYNT~VOOD MUNICIPAL Fire CODE WITH RESPECT Td'"PROHIBITING THE ABOVE GROUND STORAGE OF FLAMMABLE Code AND COMBUSTIBLE LIQUIDS." was presented for first reading. same as shove -storage 43~ It was moved by Councilmember Morris, seconded by Councilmember Re Wells to waive reading and introduce ordinance. storage tanks Councilmember Henning questioned if the ordinance was directed towards anyone in particular. Fire Chief Ripley stated it was not directed at any particular business or location. Stated it is a matter of safety and underground storage is safe. City Attorney Barbosa stated the ordinance would help get the message across and define matters regarding underground storage. Councilmember Byork questioned how many tanks there were presently in the city and how would an earthquake affect underground storage. Fire Chief Ripley answered and explained questions asked by Council. After further Council discussion, ROLL CALL: AYE-COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RI CHARDS NOES: NONE ABSENT: NONE The Mayor announced the time had arrived to conduct a public hearing #87075 on Zoning Ordinance Amendment No. 87075 with respect to the minimum zoning bet ord distance requirements between principle buildings and accessory . resident buildings in residential zones. : and Joe Smith, 11237 Waldorf, questioned if the ordinance would apply business to present or future construction. Community Development Director Mas stated the ordinance. would apply to new construction or remodeling. Hearing no further response, It was moved by Councilmember Henning, seconded by Councilmember Byork to close the public hearing. "AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING An-end CHAPTER 25, THE OFFICIAL ZONING ORDINANCE, OF THE LYNWOOD MUNICIPAL Chapter CODE WITH RESPECT TO THE MINIMUM DISTANCE OF ACCESSORY STRUCTURES 25 of FROM THE MAIN STRUCTURES AND ACCESSORY STRUCTURES FROM OTHER ACCESS -C.C ORY STRUCTURES IN THE RESIDENTIAL ZONES." was presented for first reading. It was moved by Councilmember Byork, seconded by Councilmember Morri s to waive reading and introduce ordinance for first reading. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE CONSENT CALENDAR NOTICE: 11 matters liste un er the Consent Calendar will be acted upon by one Motion affirming the action recommended on the agenda unless mem- bers`of the Council or staff requested specific-items to be removed for separate action. Councilmember Wells requested item no. 18, JTPA Joint Powers Agree- ment, item no. 20, Purchasing `through Los Angeles County Contracts, item no. 23, the Annual Block Watch Captains Banquet. Councilmember Henning requested item no. 14, Sidewalk reconstruction Project - various locations (Project No. 5-5081), item no. 22, Joint fire Communications agreement. ~~ The following action was taken: Res. 87-139RESOLUTION N0. 87-139 entitled: "A RESOLUTION OF THE CITY accepting COUNCIL OF THE CITY OF LYNWOOD ACCEPTING ALL EASEMENTS FOR all ease- DEDICATION FOR PUBLIC PURPOSES AS SHOWN ON PARCEL MAP N0. ments for 18291." was presented. dedication R~~OLUTION NO. 87-141 entitled: "A RESOLUTION OF THE CITY ublic purposes COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING THAT THE CITY APPROVE THE CONSULTANT SELECTION FOR THE STREET IMPROVEMENT PROJECTS, ALPINE Res 87-141 AVE (5-5088), NORTON AVE (5-5089) AND SAN MIGUEL (5-5090." was approve presented. consultant RESOLUTION N0. 87-142 entitled: "A RESOLUTION OF THE CITY COUNCIL Res.87-142 OF THE CITY OF LYNWOOD APPROVING THE AMENDMENT TO UTILITY AGREE- amend. MENT N0. 7UT-10,044.1." was presented. to utility agreement Res.87-143 RESOLUTION N0. 87-143 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE AMENDMENT TO UTILITY AGREE- approving MENT N0. 7UT-10,358." was presented. amendment RESOLUTION N0. 87-144 entitled: "A RESOLUTION OF THE CITY COUNCIL Res.87-144 OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN AND GENERAL position ofSALARY SCHEDULE TO INCLUDE THE POSITION OF LABORER." was presented. laborer Res.87-145 RESOLUTION N0. 87-145 entitled: "A RESOLUTION OF THE CITY COUNCIL re nuisanceOF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO CONDUCT A PUBLIC on certain HEARING TO ASCERTAIN WHETHER A NUISANCE IS BEING MAINTAINED ON CERTAIN property REAL PROPERTY." was presented. Res.87-147 RESOLUTION N0. 87-147 entitled: "A RESOLUTION OF THE CITY COUNCIL demands andOF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND ORDER- ordering ING WARRANTS THEREFOR." was presented. warrants It was moved by Councilmember Henning, seconded by Councilmember Wells that the foregoing resolutions be adopted. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RI CHARDS NOES: NONE ABSENT: NONE Councilmember Henning requested item no. 14, Sidewalk Reconstruction Project - Various Locations (Project No. 5-5081). Res.87-140 RESOLUTION N0. 87-140 entitled: "A RESOLUTION OF THE CITY COUNCIL sidewalk OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO FAV ENGINEERING IN construe- THE AMOUNT OF $49,919.00 FOR THE SIDEWALK RECONSTRUCTION PROJECT tion-Fav (5-5081)." was presented. Eng. Henning Councilmember Henning questioned what problems there were with wants to oFAV Engineering and stated he is inclined to go with the next g with next lowest bidder as there is only a difference of a few dollars. lowest Also stated it is up to Council to throw out al l of the bids bidder and start over again if they so desire.. and feel the company is not reliable. Joe Wang Director Public Works Wang stated he contacted some of the other Fav used cities that FAV Engineering has done work for and was told there by other were some problems that were minor, but FAV was able to take care cities- of them without much of a delay. minor probl ms corrected. ~ity Attorney Barbosa stated if Council decides not to go with Barbosa the low bidder, they must give the low bidder the opportunity stated if to be heard before Council and explain any questions. must let After further Council discussion, low bidder have sa y It was moved by Councilmember Morris, seconded by Councilmember Wells to adopt the resolution. 1 4~~ ROLL CALL: AYES: COUNCILMEMBER BYORK, MORRIS; WELLS, RICHARDS NOES: COUNCILMEMBER HENNING ABSENT: NONE Councilmember Wells requested item no. 18, JTPA Joint Powers Agreement. Agreement between the cities of Bell, Cudahy, Huntington Park, Job Train- Lynwood, Maywood, and South Gate, for the Planning, Coordination ing Partne and Implementation of the Job Training Partnership Act, was ship Act presented. JTPA It was moved by Councilmember Wells, seconded by Councilmember Henning Morris to adopt the Joint Powers Agreement between the cities of appointed Bell, Cudahy, Huntington Park, Lynwood, Maywood, and South Gate as member for the Planning, Coordination and implementation of the Job JTPA from Training Partnership Act, and appoint Councilmember Henning as Lynwood the representative for the City of Lynwood. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE Councilmember Wells requested item no. 20, Purchasing Through Los Angeles County Contracts and questioned if the city will still be able to purchase from local businesses. City Manager Gomez stated yes. The County purchasing system allows County purchasing at a larger volume, therefore lower prices are availablepurchasiz After further Council discussion, system It was moved by Councilmember Wells, seconded by Councilmember Henning to allow staff to use the County purchasing system to ~, acquire chairs for the Council Chambers and for the Conference Room and staff be allowed to forego the bidding process. ROLL CALL: AY--~ COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE Councilmember Henning requested item no. 22, Joint Fire Communica- tions Agreement and questioned how much this service costs the city. Fire Chief Ripley stated $46,054, and explained the procedure and the way the dispatching is handled and operated by the City of Downey. After further Council discussion, It was moved by Councilmember Wells, seconded by Councilmember Byork to approve renewal of agreement with the City of Downey to provide dispatching for fire and other emergencies for the City of Lynwood and authorize Mayor to execute agreement. ROLL CALL: AYE COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS ~, NOES: NONE ABSENT: NONE Councilmember Wells requested item no. 23, The Annual Block Watch Captains Banquet and stated she is requesting a change in the resolution to reflect the purchase of linens for use by the City instead of renting and the costs changed from $5,070 to $6,645. RESOLUTION N0. 87-146 entitled: "A RESOLUTION OF THE CITY COUNCIL Block OF THE CITY OF LYNWOOD APPROPRIATING FUNDS FOR THE ANNUAL BLOCK Watch WATCH CAPTAINS BANQUET." was presented. Captain'' Dinner 3'~ It was moved by Councilmember Wells, seconded by Councilmember Morris to adopt the resolution with the necessary changes. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE CITY CLERKS AGENDA: Ord.#1295 ORDINANCE NO. 1295 entitled: ~'AN URDINANCE OF THE CITY COUNCIL ~•.~, re Cable OF THE CITY OF'LYNWOOD, CALIFORNIA, (1) GRANTING CONSENT TO TV change THE TRANSFER OF AN EXISTING CABLE TELEVISION FRANCHISE TO of,~franchisg~gERI-CAN CABLESYSTEMS OF CALIFORNIA, INC.: (2) AMENDING ORDINANCE N0. 1134; (3) AMENDING ORDINANCE N0. 1108; AND (4) CONCERNING RELATED MATTERS." was presented for second reading. It was moved by Councilmember Morris, seconded by Councilmember Wells to adopt the Ordinance. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE Res.87-148 RESOLUTION N0. 87-148 entitled: "A RESOLUTION OF THE CITY OF support LYNWOOD IN SUPPORT OF THE COALITION FOR PET POPULATION CONTROL." coalition was presented. for pet population It was moved by Councilmember Henning, seconded by Councilmember control Byork to adopt the resolution. ROLL CALL: EARS: - COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT : NONE ,.,~, It was moved by Councilmember Morris, seconded by Councilmember Byork to approve Charitable Solicitation request from St. Emydius for Annual candy sale. ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES:: NONE ABSENT: NONE City Mgr REQUEST FOR CLOSED SESSION: city Manager Gomez stated he is asking Council's approval to cash requests out some of his accrued leave and vacation time in the amount of approval 150 hours. to cash out accrued lea~rg was moved by Councilmember Morris, seconded by Councilmember ~ vacation Wells to approve request for payment of 150 hour of accrued approve leave and vacation time for the City Manager. request for payment of 150 hrs ROLL CALL: AYES: COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE Res.87-149 RESOLUTION N0. 87-149 entitled: "A RESOLUTION OF THE CITY COUNCIL auto OF THE CITY OF LYNWOOD AUTHORIZING AN AUTO ALLOWANCE FOR THE allowance POSITION OF COMMUNITY DEVELOPMENT DIRECTOR AND APPROPRIATING FUNDS THEREFORE." was presented It was moved by Councilmember Wells, seconded by Councilmember Henning to adopt the resolution. ROLL CALL: AYE COUNCILMEMBER BYORK, HENNING, MORRIS, WELLS, RICHARDS NOES: NONE ABSENT: NONE 4 3'7 PUBLIC ORAL COMMUNICATIONS: Lee Evans,. 11132 Wright Rd., spoke regarding the property located Lee Evans at 11130-11136 Wright Road which he owns. Stated the State has purchase purchased approximately 40 feet of his property and he will be of his unable to rebuild or expand due to nan-conformance. property by state Mayor Richards advised staff to refer the matter to the Planning Commission. Joe Smith, 11237 Waldorf, spoke regarding problems with neighbors throwing trash and debris in streets and surrounding yards. William Steck, 11703 Long Beach, spoke regarding missing trash containers and Caltrans putting black top down on Lynwood Road. Rev. Harris, First Christian Church, spoke regarding event held at Lynwood High School. Stated the affair was sucessful and asked city to reconsider request made for additional funds for the sound system. Joe Smith problem with neig ors-trash Resident missing container Rev.Harri funds foY sound sy~ City Attorney Barbosa stated Council would have to wait until the matter is on the agenda before any action could be taken. Barbosa advised Robert Fry, stated Council should keep an eye o n the restaurant that hold. was approved to sell beer and wine to make sure it does not become Fry-ad- a night club. Spoke regarding underground stor age tanks. vi>ed Frances Navaratil, 3636 Cedar, spoke regarding illegally parked keeping cars on the streets in her area and questioned why there are not eye on new zest, more Code Enforcement Officers. Resident Leroy Guillroy, 3605 E. Fernwood, spoke regarding trash that is beiri~oke dumped on property owned by Caltrans next to his apartment building, re Would like to see Council meetings televised for the benefit of those ill. who are unable to attend. parked cars Joe Smith, 11237 Waldorf, stated there are trees in his area that Guillroy need trimming and sidewalks that need to be repaired. trash Smith Lena Cole Dennis, Planning Commissioner, spoke regarding workshop trees that was held by Planning Commission. Feels more people should have attended as it was informative. L.Dennis attendan~ COUNCIL ORAL AND WRITTEN COMMUNICATIONS: should b~ more Councilmember Wel ls spoke regarding the graffiti that is all over the city and how terrible it looks. Wells- graffiti Captain Popovich, Lynwood Sheriffs Station stated if Cou ncil so desires, a repres entative from an organization that does graffiti Popovich removal and maintenance could come and present their pro gram to graffiti Council. removal by org. Councilmember Byork made remarks on how much he enjoyed the Community Affairs D ~ ner and Play held on September 23, 1987. Byork Councilmember Henning stated there is a need for an on and off ramp enjoyed at Alameda and questioned staff as to the possibilities of this C A dinn being done. Henriirig Councilmember Morris stated the reason there is no on and off ramp need for at this location, is there would be a three or four year holdup on ramp- completion of the freeway. Alameda Captain Popovich stated he was under the impression that the city was no longer interested in having a_ramp at Alameda. Mayor Richards stated the city should be reserving the land needed to have an on and off ramp at that location. Councilmember Morris spoke regarding the excellent service by the Sheriffs Department during the recent earthquake. Requested financial report of the Miss Lynwood Pageant. Morris- re service earthqua 43~ Mas- Community Development Director Mas spoke on the requirements alcohol for on and off site alcohol consumption and the precedures that consumptionmust be followed. Richards- Mayor Richards congratulated Gregg Woodson of .Southern Califor- G. Woodson nia Edison for their efforts in restoring service during the S.C.Edison earthquake. service during earthquake Gregg Woodson stated the one deserving the credit were the men who were working out on the poles. There was no further business and it was moved by Councilmember ~*- Wells, seconded by Councilmember Morris to adjourn at 11:10 p.m. ~-~ y ~'_ _-- ~. ~- Mayor APPROVED NOVEMBER 3, 1987 ~ /-~1 City Clerk