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HomeMy Public PortalAboutM 1966-03-15 - CC123 REGULAR MEETING MARCH 15, 1966 The City Council of the City of Lynwood met in a regular session in the City Hall, 11330 Bullis Road, on above date at 7:30 p.m. Mayor Siokos in the chair. Councilmen Byork, Duncan, McMillan, Siokos, and Smith answered the roll call. It was moved by Councilman Byork, seconded by Councilman Duncan, that the minutes of the meeting of March 1, 1966, be approved as written. Roll Call: Ayes: Councilmen Byork, Duncanb McMillan, Siokos, Smith. Noes: None. Absent: None. RESOLUTION N0. 66-23 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THERE- FORE." was presented. It was moved by Councilman McMillan, seconded by Councilman Duncan, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. ORDINANCES AND RESOLUTIONS ORDINANCE N0. 795 entitled: "AN ORDINANCE AMENDING ORDINANCE N0. 57o FOR THE PURPOSE OF CLASSIFICATION OF CERTAIN PROPERTIES AND THE ADOPTION OF AN AMENDED SECTION OF THE ZONTNG MAP WHICH IS A PART OF SAID ORDINANCE N0. 570." was presented for second reading. It was moved by Councilman seconded by Councilman McMillan, that further reading be waived. All members voting aye, the Mayor declared the mot~.on carried. It was moved by Councilman Smith, seconded by Councilman Byork, that Ordinance No. 795 be adopted as read for the second time, finally passed and published as required by law. Roll Call: Ayes: Councilmen Byork, Duncan., McMillan, Siokos, Smith. Noes: None. Absent: None. RESOLUTION N0. 66-24 entitled: "A RESOLUTION OF THE CTTX COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE DEVELOPMENT OF RAPID TRANSIT IN CONJUNCTION WITH ALL FUTURE FREEWAY DEVELOPMENT IN GENERAL, AND THE CENTURY FREEWAY IN PARTICULAR." was presented. It was explained that the purpose of tY~e resolution was to urge the location of rapid transit lines along the same routes as freeways and that the routes be determined at the same time in order to eliminate economic waste. and reduce the number of corridors of land devoted to public purposes. It was moved by Councilman Smith, seconded by Councilman Duncan, that the resolution be adopted. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. Res. 66-23 Demands Ord. 795 establishing Atlantic #6 zoning Smith, Res . 66-2~4 Supporting planning of rapid transi in con~unc- tion with freeways ...,~, X24 Res. 66-25 RESOLUTION N0. 66-25 entitled: "A RESOLUTION OF THE CITY establishing COUNCIL OF THE CITY OF LYNWOOD AMENDING RESOLUTION N0. 65-48 method of TO PROVIDE THE METHOD FOR OVERTIME ACCRUAL AND REPAYMENT." accruing was presented, together with a letter from Mr. Martin Whelan, & compen- attorney representing the Lynwood Police Relief and Welfare sating for Association. In his letter, Mr. Whelan objected to certain overtime deficiencies in the resolution which was held over from the previous meeting. His letter was accompanied by a proposed resolution incorporating the changes he felt ~' necessary to reflect the Council's intention as to accrual and repayment of overtime. Discussion After studying the resolution proposed by Mr. Whelan, of Res. 66-?5Councilman McMillan requested a clarification. of the by Council differences between Mr, Whelan's resolution and that & Mr. Martin prepared by the City Manager. The Mayor stated there were Whelan, atty.two points of difference: ~1) the City Manager's Police resolution states "Requests for compensatory overtime shall Relief & be made by the employee and approved in writing by his Welfare immediate supervisor," and Mr. Whelan's resolution adds Assoc. the words "either before or subsequent to the overtime worked, by his immediate supervisor," (2) Two paragraphs have been added to provide that nothing contained in the resolution "reduces any accumulated overtime of any employee as of the date of the adoption of this resolution," and "Prior to retirement or other termination of employment, an employee shall be entitled to compensatory time off for all accumulated overtime, subject to the other provisions of this resolution." Mr. Whelan addressed the Council to state that requiring written approval prior to working overtime would be impractical, In the ensuing discussion between Mr. Whelan and the City Council, it was evident that the intention of the resolution was misunderstood. The City Manager explained that it was not the intention to require that the employee make a written request to work overtime; rather that the supervisor give written approval by means of a log notation. Repayment of overtime was discussed and Mr. Whelan stated that the paragraph concerning reduction of accumulated overtime was added to insure that no employee would lose validly accumulated overtime as of the date of adoption of the resolution. The Manager assured Mr. Whelan that this would not happen; that two sets of overtime records will be maintained, one for overtime accrued prior to the adoption of the subject resolution and one for overtime accrued subsequent to its adoption. Mr. Whelan stated that the paragraph he has added concerning repayment of overtime at the time of retirement or other termination of employment is to carry through the thought that the employees are entitled to overtime and if they cannot take it prior to that time, they are entitled to terminal leave. Councilmen Duncan and McMillan stated they would assume an employee would be entitled to terminal leave. The Manager stated that an employee on service retirement would be given his time off prior to retirement, but the problem was those retiring because of disability or those resigning or being released. The Manager stated that if the Council wishes; the following could be inserted in the amended resolution: "Prior to disability or service retirement, accrued overtime shall be granted as of the date of .enactment _~ ~ ~~ of this resolution (March 15, 1966)." The City Attorney questioned the distinction between an employee retiring on disability and in the normal way, and stated that in the case of safety members, the city is required to pay full salary for a year in a case of work- connected disability. The Manager recalled that some years ago the City Council granted g0 days leave prior to commencing the full year's salary in the case of service connected disability. The matter of a terminated employee requesting payment of overtime accrued was discussed and Mr® Whelan suggested that a specific provision be included in the resolution to the effect that when an employee terminates of his own volition or for cause, he is not entitled to terminal overtime. Discussion of Res. 66- 25 (establishing method of accruing & compensating for overtime The Manager again read the amendment to include such a provision as follows: "Prior to disability retirement, service retirement or death of the employee, compensatory time off, or, in case of death, straight time pay, for all accumulated overtime accrued subsequent to March 15, 1966, shall be granted. `This pr•o~y~isi:~n does not apply to voluntary termination or termination for cause." It was moved by Councilman Smith, Duncan, that Resolution No. 66-25 the amendments as read by the City Roll Call: Ayes: Councilmen Byork, Duncan, Noes: None. Absent: None. seconded by Councilman be adopted, including Manager. Res. 66-25 adopted (establishing method of accruing & compensating for overtime M:~:Miilan, Siokos, Smith. RESOLUTION N0. 66-26 entitled: "A RES0I,UTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE REPORT OF THE CITY ENGINEER AND FIXING TIME OF HEARING IN THE MATTER OF THE PROPOSED IMPROVEMENT OF DUNCAN AVENUE ET AL BETWEEN FERNWOOD AVENUE AND LAVINIA AVENUE." was presented. It was moved by Councilman McMillan, seconded by Councilman Duncan, that the resolution be adopted. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. Res. 66-26 Duncan Ave improvement (hearing set April 19) A letter from the City of Los Angeles was presented regarding formation of an organization to study common problems relating to such things as planning, traffic, recreation and parks, etc. It was moved by Councilman Duncan, seconded by Councilman Byork, that the letter be accepted and filed. All members voting aye, the Mayor declared the motion carried. A claim for damages filed on behalf of Delia F. Geisler Claim for was presented. It was moved by Councilman Byork, seconded damage by Councilman McMillan, that the claim be denied and be Delia F. referred to the City's insurance carrier for disposition. Geisler All members voting aye, the Mayor declared the motion denied carried. REPORTS AND REQUESTS A request was presented from the Lynwood Swim Club for an exempt permit to conduct a fireworks stand at 3840 Century Boulevard, It was moved by Councilman McMillan, seconded by Councilman Smith, that the permit be granted subject to compliance with the regulations governing the sale of safe and sane fireworks within the City. All Lynwood Swim Club Fireworks stand at 3840 Centux granted ~~~ "!.~` members voting aye, the Mayor declared the motion carried. Cub Scouts A request from Cub Scout Pack 437C was presented for 437c granted permission to sell candy Easter eggs during the month of permission March and part of the mcnth of April. to sell candy It was moved by Councilman Byork, seconded by Councilman Duncan, that permission be granted. All members voting '"'°'' aye, the Mayor declared the motion carried. 'a Leonard A. The request of Leonard A. West for special permit to West- permit conduct the business of pawnbroker at 11445 Long Beach for Pawn- Boulevard was presented, together with the investigative broker lic, report of the Police Department which recommended that the held over issuance of a license be withheld pending clarification of the City's ordinance for pawnbrokers. The City Clerk concurred in the recommendation of the Police Chief and stated that an ordinance is presently being studied. It was moved by Councilman Byork, seconded by Councilman McMillan, that the application be tabled. All members voting aye, the Mayor declared the motion carried. Report on The City Manager presented a report on Planning Commission Planning actions at its Marcie 8, 1966, meeting a s follows: Commission actions Approval was recommended of t he request of Alexander Haagen for a change of zone from R-3 to C-3 on Lot 15, Tract 4936 between Long Beach Boulevard and State , Street on the north side of Minnesota Avenue„ At the request of the City Council the Commission reconsidered the request of Mr. Vern B. S~:one f'or a change of zone from R-3 to C-2 on Lots 982, 983, and 984, Tract 3172. The applicant has filed a new request for a variance for P-1 use on the subject lots and the matter will again be heard before the Planning Commission on March 29. The Planning Commission again studied the permanent zoning on Clark Street in Atlantic Avenue Annexation No. 6. Hearings on this matter have been established for April 8 at 2 p.m, and April 12 at 7:30 p.m. Recommenda- The Manager reported that in December, 1942, the City sold Lion for Lot 86, Tract 2551, except the westerly 10 feet which was quit claim retained for street purposes. (Third lot north of Imperial l0' portion Highway on the east side of Long Beach Boulevard) Long of Lot 86, Beach Boulevard was subsequently constructed to its full Tr. 2551 width without the use of the westerly 10 feet of the subject lot The report stated that the prospective purchaser of Lot 86 and adjacent property, Mr. Lawrence Worchell, is contemplating the construction of a market and as there appears to be no reason why the City should retain this property, the Manager recommended that the City Council approve a quit claim deed to the westerly 10 feet of Lot 86, Tract 2551, as per map recorded in Book 24, pages 78, 79 and 80 of Maps, Records of Los Angeles County, California. It was moved by Councilman Duncan, seconded by Councilman Byork, that the City Council concur in the recommendations of the City Manager and approve a quit claim deed to the above described property. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. ,,. t 12'~ The Manager reported as previously authorized by the City Council specifications for a new fire department pumper have been prepared and recommended that the Council approve a call for bids for a 1,500 gpm quad. pumper as per specifications on file, bids to be received in the City Clerk's office no later than 1G:00 a.m. April 11, 1966. It was moved by Councilman Byork, seconded by Councilman Smith, that the Council concur in the recommendations of the City Manager. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. The Manager presented the request of Fireman James M. Heidtke for leave of absence required because of an off duty injury which requires corrective surgery. The Manager recommended that the City Council grant a 60 day leave of absence to Fireman Heidtke pursuant to Rule XI, Section 4 of the Personnel Rules and Regulations. It was moved by Councilman Duncan, seconded by Councilman Smith, that the requested leave of absence be granted. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None, RESOLUTION N0. 66-27 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OPPOSING THE ISSUANCE OF AN ON SALE BAR PERMIT AT 113111 LONG BEACH BOULEVARD AND REQUEST- ING THAT THE REQUIRED PUBLIC HEARING FOR THE ISSUANCE THEREOF k BE HELD IN THE CITY OF LYNWOOD." was presented. The Manager explained that opposition has been expressed by merchants and property owners adjacent to the proposed bar location and the resolution not only opposes the issuance of the license, but also requests that the Alcoholic Beverage Control Board hold its public hearing on the issuance of such a license in the City of Lynwood. The Manager recommended that the Resolution be adopted. It was moved by Councilman McMillan, seconded by Councilman Duncan, that Resolution No. 66-27 be adopted. Roll .Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. The City Manager presented a report describing an Advanced Management Training Program held by the International City Managers Association in conjunction with the University. of Chicago Center for Continuous Education, to be held on May 8 to 13, 1966, and requested that the Council consider allocation of the necessary funds (.approximately $550) to permit his attendance at the training program. It was moved by Councilman Byork, seconded by Councilman Smith, that the necessary funds be allocated to permit the City Manager's attendance at the Advanced Management Training Program to be held at the University of Chicago from May 8 to 13, 1966, Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Call for bid 1,500 gpm pumper (April 11 at 10:00a.m Request for 60 day leave of absence Fireman James M. Heidtke granted Res. 66-27 opposing issuance of on sale bar permit for 11341 Long Beach Blvd. & asking that hearin@ be held in the City of Lynwood Advanced Mgt. Trainir Prgm. Noes: None. Absent: None. 128 Report on The Manager presented a report on the sale of the surplus proposals property on Wright Road in which he stated that three for Wright offers have been received, two prior to the termination Rd. of the Realtors listing on March 11, and one subsequent property to that date as follows: 1. White Metal Products, $74,000 with 25% cash, the balance payable at 1% per month with 6% interest on the unpaid balance. The realtor fee would be $4,440 leaving a total principle due the city of $69,560. 2. Elks' Lodge, $75,000 contingent upon Grand Lodge approval. The realtor fee would be $4,500, leaving a net cash balance due the City of $71,500. 3. Mobil Lease Corporation, a bid dated March 14, in which they propose a lease-purchase, Thy lease would be based on $82,000, 6% of which would be paid annually ($412 per month;. At the termination of the lease, expected to be for five years, Mobile Lease Corporation requests the option to extend the lease or to purchase the property for $82,000 cash. If the option to purchase is exercised at the end of five years, the total.. in~;ome for the City would be approximately $106,500. The Manager informed the Council that he had just received an offer of $78,000 cash from Mr. Vernon Monroe of Coldwell Banker Corporationo The offer was accompanied by a check for $5,000 and at this time this is the highest cash offer after deducting the realtor fee of $3,900. Councilman Duncan asked if the purchaser making the offer of lease with option to buy intends to make the monthly installments part of the purchase price. He was informed that was not the intention. The sales potential of Mobile Lease Corporation was discussed with Mra Schoeneman of Mobile Lease Corporation. The City Attorney asked him if he contemplated that the rent would be the same for an additional five years and Mr. Schoeneman replied that that is what they wanted. The City Manager inquired if vehicles leased by Mobile's current company, should they move in with Mobile Lease Corporation as indicated by Mr. Schoeneman, be registered in the City of Lynwood, Mr. Jack Shafer stated that the 5,000 vehicles are registered in the names of their clients. Mr. Vernon Monroe of Coldwell Banker Corporation stated that they are negotiating with a Triple A National Distributing Company for a ten year lease upon acquisition of the property. Mr. Dale Campbell representing the Elks' Lodge asked if the property must be sold to the highest bidder as he felt the City would derive more benefit over a longer period of time from location of the Elks' Lodge in the City. The Mayor declared that a brief recess be taken. Follow~.ng the recess, the Mayor called the meeting to order. At the request of the Mayor the Manager stated the parcel contained 82,280 square feet and indicated its location on __ n.~ the rnap . Report on proposals Councilman Duncan commented that the offers are as much as for sale ten to twelve thousand dollars below the appraised value of Wright of the land. Rd. property It was noted that the original appraisal was $97,500 and it was recommended at that time that a sales price as 'j near as possible to that figure be asked. I It was moved by Councilman Smith, seconded by Councilman Duncan, that the three cash offers be rejected. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. The Mayor inquired if the Council wished to make a decision in regard to the property at this time. Councilman Duncan stated he would like to study the lease offer and what the City might be faced with in entering such an agreement. Mr. Paul Singer of White Metal Products stated that he was interested in the property but not in an all cash offer, and suggested that the City Council indicate price and the terms that would be acceptable. Mr. Dale Campbell stated that it had been his impression that the property would be sold only for cash and that to his knowledge it was never advertised that the property was available for lease. In regard to leasing the property the City Attorney stated it was his opinion there would be no complications to negotiating on either a lease or a sale as there is no obligation to advertise as this is surplus property and negotiations could be open for lease, combination lease- sale, or cash or on terms. Mr. George Higgins, 5353 Fernwood Avenue, addressed the Council to state he favored accepting the lease-purchase offer of Mobile Lease Corporation as the company must move from its present location and he did not wish to see the company move from the City. Councilman McMillan stated that an alternative might be to consider new proposals based on the fact that the Council would consider a lease, but that the price be brought to a higher figure that would be more commensurate with the appraisal. It was. moved by Councilman McMillan, seconded by Councilman Duncan, that the Council consider disposition of the property by lease, sale for cash, or sale on terms, at a minimum figure of $90,000. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None. The Manager reported that delivery of the new street Delivery of sweeper has been delayed, A. M. Donaher & Son, Inc. new street the successful bidder has requested that a n extension sweeper of delivery time be grante d as a strike of the firm that delayed manufactures the-two speed power take-offs specificed ~3U has delayed delivery of the machine. The Manager recommended that an additional three weeks be granted for delivery. It was moved by Councilman McMillan, seconded by Councilman Byork, that a three week extension be allowed. Roll Call: Ayes: Councilmen Byork, Duncan, McMillan, Siokos, Smith. Noes: None. Absent: None, ORAL COMMUNICATIONS Hazardous Councilman Duncan stated that he has noticed a dangerous conditions situation existing at the corner of Alma Avenue and Long at Alma Ave. Beach Boulevard where cars are permitted to park to close & Long Beach to the corner thereby obstructing the view of persons Blvd. wishing to drive onto Long Beach Boulevard. The Manager stated that appropriate action would be taken. Councilman McMillan requested that the defective ceiling and floors in the Community Center Building be suitably repaired. Report of At the request of the Mayor, Councilman McMillan presented Ad Hoc Com. a report on the Ad Hoc Committee of Commercial representatives (Commercial) studying community betterment. Ham Park At the request of Councilman Byork, the City Manager gave April 2 a brief resume of the program planned for the dedication of dedication John Ham Memorial Park on April. 2. Councilman Byork stated that he read recently of two Firemen being promoted, and he felt that the Council should be informed of these events of promotion or special acheivement and that the persons involved should be brought to the Council meeting for recognition. Jack Cleland Mr. Jack Cleland of the Herald American newspaper inquired inquires of as to the disposition of permanent zoning of Atlantic Avenue Atlantic #6 Annexation No. 6, and he was informed that the portion zoning questioned by the Council at the previous meeting has been sent back to the Planning Commission for further consideration. Mr. Cleland also requested that when the zoning is complete that a map be furnished of the permanent zoning as there are so many questions asked by the residents of the area as to zoning of their property. Mrs. Lucille Kanka, 5131 E. Walnut Avenue, addressed the Council to request that traffic conditions at the intersection of Josephine and Thorson Avenue be investigated. Councilman McMillan stated that traffic conditions at Fernwood and Harris Avenues should also be investigated. A statement was read by Mayor Siokos proclaiming the week of April 25 to 29 as Public Schools Week. Mr. Shafer said they wanted as much time as they could get, Discussion and Councilman McMillan said it should be five years with on sale of an additional five years as discussed. T he .request for the surplus city thi rd 5-year period was withdrawn. property (Wright Rd. , In answer to a question concerning the bu ilding to be moved on the site, Mr. Shafer said it is built to code and will be on a foundation; that it is a permanent s tructure and must 'i be 9 so to go on that property as required by the City Code. Zon ing of the area was discussed and Mr. Shafer said they wou ld wantflzll use of the property as to their operations as it is zoned,. and he was told it could be used for any M-2 use within the operation of Mobilease Corp. Mr. James Rowe addressed the Council to state he understood there was a "parent" company involved, and said he felt that if there is a parent corporation that it is customary that it guarantee the lease, and stated he felt the corporate records and financial statement should be investigated prior to confirming the lease; that should the parent company have all the assets of the subsidiary corporation, they would be in a position of guaranteeing something for which they were not responsible. Mr. Shafer objected to such a guarantee on the ground that the Mobilease Corp. is known to the City officials, that the company has been checked, and all of their subsidiaries operate autonomously. At the request of the City Attorney, Mr. Shafer agreed to furnish a financial statement. Councilmen Smith and Byork agreed that in any case, the City will still own the property. Mr. Rowe said that the assets could be pulled away by the parent company and these facts should be known. Mr. Dale Campbell objected to leasing the property in. favor of the offer to purchase by the Elks Lodge. Mr. George Higgins addressed the Council of accepting the offer of Mobilease Corp. believe any better use could be obtained, Elks Lodge offer, they must get approval, a liquor license problem, it is a private dance permit would be required. to speak in favor as he did not and as to the there might be club, and a Procuring of a financial statement and investigation of the corporation was discussed, and the Attorney asked if this could not be done by the Manager in the interest of time saving. Mr. Rowe asked about acceptance of a financial statement if the assets are owned by someone not a party to the lease. The Attorney replied that the financial statement would show who owns the corporation assets, it is legal but a question of whether or not the Council wished to make an investigation ~ to determine all of the financial aspects of the corporation. Councilman Byork said he felt the City Manager and City Attorney could review the financial statements and references. Councilman McMillan asked what position the City would be in in the event the parent company withdrew its support and perhaps the rent was not paid. The Attorney replied as long as the rent is paid there would be no breach of the lease, `.:~ ~± Lease- purchase agreement approved for Mobilease Corp. for surplus city property (Wright Rd.) and in case the rent was not paid the property would be taken back. With consent of the second, the motion was amended as follows: that the City Manager, city Attorney and Mayor review a recent financial statement and two bank references of Mobilease Corp., and contingent upon furnishing these financial statements and bank references and examination thereof by these people, that the Mayor be authorized to execute a lease of the real property in question with option to purchase, according to the terms which have been discussed. Ali members voting aye upon the amendment, the Mayor declared the amendment approved. Roll Call upon the original motion: Ayes: Councilmen Byork, McMillan, Siokcs, Smith. Noes: Councilman Duncan. Absent: None. It was moved by Councilman Duncan,. seconded by Councilman McMillan, that the meeting be adjourned. All members voting aye, the Mayor declared the motion carried. ' - i ~;lty Clerk, City of Lynwood APPROVED APRIL 5, 1966 Mayor of the City of Lynwood ~J