HomeMy Public PortalAboutA1985-05-14 CC � r
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LYPIWOOD CITY COUNCIL DP,TE hlay 14 �; i9ss
PROCLAMATION: Traffic Safety Week.. ���� /9�d�/ /�"� I
CO�h1ENT:
COMh1ENDATI�ON: Frankie C. Murphy, Valedictorian
RESOLUTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORPIIA, URCI�dG THE STATE LEGISLATURE AND THE GOVERNOR
i OF. CALIFORNIA TO EFFECT AN INCr�EASE IN THE STATE GASOLINE
TAX FOR USE OF CITIES AND COUNTIES.
2nd READING OF AN ORDINANCE E�JTITLED "AtJ ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF lYN1Y00D �UTHORIZING AN AP4ENDt•1ENT TO THE
CONTRACT BETI4EEN TH� CITY COUNCIL OF THE CITY OF LYN1400D AND THE
BOARD OF ADh1INISTRATION OF THE CALIFORNIA PUI3LIC EMPLOYEES'
RELIRE�IENT SYSTEt4°
2nd READING OF AN ORDINANCE ENTITLED °AN ORDINANCE OF TFIE CITY
COUNCIL OF THE CITY OF LYNIVOOD �1t4EPlDING ORDIMANCE MOS. 1134-
AND 1149 WHICH GRANTED AND ESTABLISNED TERMS FOR ,1 C,48L[ T�LEVISSO�!
FRANCHISE" � ,
Appointment to fill one (1) vacancy on the Housing and Community
Development Advisory Board '
�lomiriations are now.open for one (1) vacancy on the Park and
Recreation Commission
Nominations are now open for three (3) vacanci.es on the Housing
and Community Development Advisory Board
Vacancy Announcement: T�vo (2) vacancies on Planning Ccmnission
as of 7uly, 1985
RECOi�T'E��DATIGN: �y—�C��
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P R O C L A M A T I O N
wHEREAS, the residents of California are a'mobile people
who use their motor vehicles more than the oeople of any other
state, and
WHEREAS, traffic accidents take an unacceptable toll
annually in human life, injury and property damage, and
WHEREAS, many such tragedies can be prevented by common
sense and the application of safe driving techniques; and
WHEREAS, public and private institutions, along with
concerned individuals, can promote traffic safety by increasing
public awareness of safety methods; and
WHEREAS, the State of California is being joined by the
private sector in observing �Iay 19 through 25 as California �
Traffic Safety Week; and �
WHEREAS, this observance should lead to greater safety �
on our streets and highways; �
NOW, TAEREFORE, BE IT RESOLVED THAT I, John D. Byork, i
Mayor of the City of Lynwood, on this 21st of May, 1985, do hereby
proclaim the week of May 19-25, 1985 as Traffic Safety week. �
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John D. Byork, .�layor '
City of Lynwood
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- �indrea L. Hooper, City Clerk
City of �ynwood
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j P R 0 C L A•M A T I 0 N
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� WHEREAS, the attitudes of society are influenced
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� by limited understanding and limited contact with deaf and
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otherwise hearing impaired persons�
, WHEREAS, hearing impairment, though not visi.ble,
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i' is always a serious communication handicap, and especially
• when it occurs at a prelingual age,
WHEREAS, these attitudinal and communication
circumstances accompanying hearing impairment are barriers
to human relationships and full participation in community
services and activities shared routinely by society in
general,
WHEREAS, through the efforts of Quota Clubs,
these attitudinal and communication barriers are being
steadily reduced�
N014, THEREFORE, I, �ohn D. Byorkm Mayor of the
City of Lynwood, do hereby proclaim the week of
hlay 14-25, 1985 as
SHATTER SILENCE I4EEK
and I urge that meaningful observance of this week be made
by seeking to learn from hearing impaired persens and those
who work with them what services are needed; by educating the
public abour services presently available to hearing impaired
persons; by promoting accessibility of all community services;
and by increasi.ng public awareness about the capabilities and
potentials of hearing impaired persens in order that all such
persons may enJoy the fruits of full citizenship.
�ohn D. Byork, Mayor
Citv of Lvnwood
I ' �,ndrea L. Hooper, City Clerk
�itv of Lvnwood
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—��" � G1NEkEAS, �.taxfz.i.e C. A'cchphy :ih .to be cuiig;ta.tu2a.ted �on b���ng
'.:) '• .
,- be:e2c.ted :Va�ed�.e�o2.ian a/� Lyn:ti��od H.c;gli SchcaP 19�:1!1985 g,tadua.i:�,rig
, c�a66; and
� (VN��EAS, dun�.ng zhe 5oun y�a.;.h he haS az�ended Lynwood H.�gn
� ScnoeC Gie has ma�,n.ta�.ned an ovehaC� 3.98 g.tade pa�.n�t avehage; crtd
�, (UNEREAS, 6te haa beevt ac.t�,ve .i,n nianu e2ub� and on.gan�.zax�.a�i,s
�j��. ho2d�,ny poa�..t�.ons ab h�,gh e,s.teem, aueh a.s: Sen�.o,t C2a,ss .Rep�.esevz:�a-
,t�.ve; Comm�.6a�.one-t o$ cKuha and v Na.t�.ona2 Nonon. Sac�,e��
Pnea�.den�; membe2 ob Ca2�.�c-'cn�.a Scho2a.25h�,p Feclena-t�.�in, na�d�rig �t6�e
� po.s.�.t�.on ob Th,eaeu�zen; G.A.T.E. Eng2�.ah C2ub,. lioZd2�ig �ne poe�.:�.i.on oS
V.Cc�-P.t���.denti; ��d.E.S.A.; Ir.�e�t-C2ub Caunc�.k; �Na.t'n C.2ub and CC171rJUiCh
r,:�ub; a;2c�
(UHEREAS � hah ma.�ntia�.ned exce.22ent academ�,c ac+i�.eve-
men.t.s it�h.;.kn_ e.t�.�2 eompe.t�ng �,n a.th?_et�i.c campz.t�.�t-r_avi-s, sccch ah, .tenn�.e,
.t-tach a�.d c-zoaa-eoun.tn.y .tune; and
(UNEREAS, he hah :se.t a 5.�ne examp�e. oE exce.��ence �en oxher
young adu��tb .th.toughou.t ou•z C�..ty. .
�VU(U, TH�REFURE, .the C�.xy Counc�.2 oa .the C�..ty op L,unwcad lzene-
by congaa.tu2atieh cnd ccmmenda
'r R A �V K C.' �t1 U R P H V
BE I7 FURT�HER K,VOUIN .tl�at -the �C.i.,ty Counc.i° a�b .t{ie C.�.tu u�
L�,nwoad ex�ten��a .�tia be-sti w�.,shee �o.t h.�h �u�c�.�e 2riCLe[LVO�Yh and a,s;��,r�c.t%nr�a.
IN UJITNESS �H�REU�, I, John D. Byo,th, ��layoa oD .t6te C�..ty a5 I
Ly�iwaod, do he-teunte se.� mu nand and �au-se .tne Sea.? oj .t,ke C�.tl op
Luncaood tio be a5a�,xed .th�a 21at day a�( !�lay , 1985. "
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�� � �l� . BY RK, r�, � 1 R •
�1TTEST: C: Y UF LY�VWUUD
RO�cRT HE,UNI:V�, !.Id�UR PRO-TE�'•I
�. L. 1 COU,VCI L��1AN
� � JA;t{ES E.' 2U:UE', CU�UNCIL��IAN
LJU?S A.. THU�'�IPSON, CUU�!CZL!
' V KE: L. HU 'ER, C T1 C �Rn .
CITy UF Ly:VWOUD
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RESOLUTION �
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNW000, CALIFORNIA, URGING THE STATE
LEGISLATURE AND THE GOVERNOR OF CALIFORNIA
TO EFFEGT AN INCREASE IP! THE STATE GASOLINE
TAX FOR USE OF CITIES �tJD COUMTIES.
1YHEREAS, there is a dire need to sustain and, in
many cases, increase the current level of maintenance and
operation of streets and highways withi.n the various ].ocal
jurisdictions;
IVHEREAS, there is.also an important need to
provide for new construction of major drainage, roadway, and
Lransportation facilities;
WHEREAS, there has been only one increase in State .
fuel taxes since 1964, and the.Highway Construction Index
nas increased nearly 400� since that time;
WHEREAS, State fuel taxes are not indexed to keep
pace ivith inflation; and
V4HEREAS, the ability of local government to raise
necessary funding for local needs has been severely inhibited
in recent years.
AlOW, THEREFORE� the City Council of the City of
Lynwood, California� DOES HEREBY RESOLVE as follows:
1. The State Legislature of the State of California
and the Governor of California are urged to increase the
gasoline tax by five cents, with three cents of that going to
cities and counties, for the maintenance of State and local
transportation systems.
2. All cities and counties are urged to support
the proposed increase in gasoline tax and to norify their
representatives in the State Legislature of such support.
3. The City Clerk shall certify to the adoption of
this Resolution and transmi* copies to Governor Deukmejian;
U.S. Representative Julian Dixon; U,S. Senators Alan Cranston
and Peter IYilson; Senator �ohn Foran, Chairman of the State
of the Assembly Transpor.tation Committee; Senator Herschel
Rosenthal; Assemblywoman Gwen Moore; League of California
Cities; Los �ngeles County Board of Supervisors; and all other
appropriate agencies.
APPROVED and �DOPTED this day of 1985.
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�ndrea L. H000er, City Clerk �onn D. Byork, hlayor
Ci�y cr Lvnwood ' City o� Lynwood
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ORDINANCE N0.
AN ORDIV?uvCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AUTHORZZING AN ��fENDMENT TO THE COVTRt1CT
BETWEEN THE CITY COUNCIL OF THE CITY OF L1iVW00D
' AVD THE BOARD OF ADMINISTRt1TI0N OF THE CALIFORNIA
PUBLIC E�LOYEES' RETIREh�vT SYSTEM
� The City Councii of the City of Lynwood DOES HEREBY ORDAN as follows: . �
Section 1. That ar. amendment to the contract between the Citv Council
of [he City of Lynwood and the Board of Administration, California Public Employees'
Retirement S;�sten, is hereby authorized a copy of said amendment being attached
nereto marked "E;chibit e�" and by such reference �ade a part hzreof as though herein
set out in fu11. . �
Section 2. The itayor of the Lynwoud City Council is hereby authorized,. I
empowered, and directed to expedite said amendment for ar.d on beha.lf of said agency.
Section 3. That the funding period specified in Exhibit a for the �
current service, death benefits and 1959 survivor benefit actuarial liabilities I
may be extended, thereby lowering the rates, by resolution.
Section 4. Severability. Ii any section, suosection, subdivision,
� sentence, clause, phrase or portion of this ordinance, or the application there- �
of to any person or place, is for any reason held to be invalid or unconstitutional
by the decision of any court or competent jurisdiction, sucn sha11 not affect tne
validity of the remaining portions of this ordinance or its application to other I
oersons or places. The City Council hereby declares that it would have adopted
this ordinance, and e2ch section thereof, irrespective of the.fact that any one I
or more section, subsection, sentence, clause, phrase, or portion, or the aooli- i
cation thereof to any person or place be declared invalid or unconstitutional.
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Section 5. Tne City Clerk is herebv ordered and directed to certify
to the passa�e of this ordir.ance and to cause the same to be published once in
the L,vnwood Press, a newspaper of general circulation, printed published and
circulated in the Citv of Lyn�aood.
First read at a regular mee[in� of the City Council of said City heid
on the day of , 1955, and Einally ordered published aL a regular
meeting of said Council held on the day of , 1985. '
:�1ES:
�OES:
�BSE�T:
JO!IlV D. 3YORY, Mayor
:1TT_E ST :
1`iDFE:1 L. ?OOPER, Cit,: Cie:�:
Cicv o� ���nu;ood -
:12oR0:�"ED :;� TO :OR:`I: �P°FOVED AS _0 CON'I'F'`IT:
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�'-' :�.t�=+rae:' �andra Ghaoe�, �e:sonnei �ranager
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?iGTED:
� 3arbara =`i.e! Acct. �Igr.
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a?"EVDNEPIT TO C0;7T�XCT
°cT'dE�N T:iE
?4�RD OF aDMINI5TR:1TI0N i
• OF T3� I
PU3LiC EMPLOY�'z5� 3�TI�E?!E4T SY�TcM
� .4;{D T3E � I
CiTY COUNCiL
OF Tu.E I
CIT'! CF L'f'1`riOCD i
The Board of �dninistration, ?ublic =aployees' fletir=:rse.^,t Systea, herein-
_i=er reF=rred to as 3oard, and the bov=rning oody of above public agency, here-
, :�a:tzr reierred *.o as 2ublic ;3ency, having entered into a contract effective
July 1, 1946, and uitnessed ;!ay 7, 1946, znd as amended effectiv= Yovenber 1, i
7951, rebruary 1, 195�, dcgust 1, 1959, Decemb=r 1, 1964, ;iovember 13, 1960, i
• �zauary 1, 1975, July 13, 1975, Septeaber 7, 1975, November 14, 1976, and
�ecember 11, 1977; vhich provides for participation of Public 9gency in said �
Spste�, 9oard and 2ublic �gency hereby a3ree as follor:s: �
3. Paragrachs 1 throus3h 8 0: said coniract ane.^.dment as executed =ifective �
January 1, 1975 and all parag.-aphs, inclusive, of the ecntract anendmenis �
as ezecuced e;:ective July 13, 1?75, Septe�aer 7, 1975, Aovemher 14, 1976
and Cecember 11, 1g77, are zer=by re�laced 'cy the follcuing parzgraphs �
r.umbered 1 thrcvgh 11 ir.clusi•�e: �
1, e111 vorda and ter�s used herein yhich are defined 1n the Public 'eaploy- ;
ees' �etir_xent Lax shall have'the �ean+_ng as defiaed therein vnlzss j
otherwise specif:cally provi,ded. ^9crWa1 retiremeat age" shall Wean �
age 60 :or local �i�cel'_aneoua �e�hers and age 5a for 1oca7, safety i
x9bers. I
2. °ublic Ageacy shall partic+_pat2 in the rubllc �sployees' �2etir_ment I
Sysiem frcm ar.d aiter July 1, 19�i6 making its employees as hereinaiter
provided, members of said System sub,Ject to all provisiona of the i
?ublic Employees' Retir=aent Lasr ezcept such 3S aoply only on election I
of a con*.raating zgency ar.d ars not provided fcr here!a and to all I
=_mendmer.t� *_� said Lzw hereafter enacted exce�t those, uhich hy
ezpress provisions t::=reof, apply only cn *.he electlon of a !
cont-acting ag=r,cy. i
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3. �'.ployees of ?ubi'_c .aser.cy ?❑ �he follcwing classes sha'_i beccme ,^ez- �
be.^s oi sa!+. de�1-=^en: Systea =xcept such i� _ac:^. such class as zre
exc:ud=d by :au or �"_s _gr_,�ent.
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3. ...^,Cdl _.^? -'_5�:2�g (^nrei� � __?f'°_7 ... 39 �7C'a� 9�f?�7 �.lEC1�2���' '(
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�. ..x ai ?ol'_ce Of°:ce•s r^=•<i� .---.r=� =c as _ocal szfe'*_� �
,eacers!; I
-• -�?e-- __._. 7..=_� _�ca�: =`t-:� -__..._. _ .r._. __., . _. _.. __ :.. =s �
__c�l -_s�---=.._ccs -__..._._,. I
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4. L� 2ddltion to the classes o; e�ployees excluded ircm membersn!p by
said Retirement Iau, the follo�ir.3 classes of e�ployees snall .*,ot
becc�e �embers of said Retire�ent Syste�:
YO aDDITIO;I:L EXCLUSIO"15
5. T'.^e fract:en of Final cempensation to be provided icr =ac: year oi
credlEed pr!or and current service as a local �iscellar.=ous membe^
shall be deter�:ned in accor�ance xith Section 21251.13 c. sa+_d
Retirece�: Law (2; at 2ge 60 rull).
6, fia fraction of :ir.a1 ccmpensation to be crovided �or each year of
credi�ed prior ar.d cu.^rent service as a lccal sa.ety ceaoer shall oe
determi.^.ed ?a accordance uith Section 21252,01 of said 3etirement Law
(2S at aga 50 Full).
i. :'t:e follcwing additional provisions of the ?ubl?c E�pioyees' 3etire-
�ment Law, sihich apply only upon elect'_cn of a contrac.+_r,a, ag=ncy,
sha1.1 apply to the Public Agency znd ±ts :�plpyees:
a. Secticas 21�3�-21387 C 15�9 Sur•r vor. ?rog, ezcludi^g Secticn
21382.2 Clacreased 1959 Survivors Ber.eiits).
b, Secticna 21269, 21263.1 and 21263.� :?ust-8e*_irement Survi•�ar
Allcxance) for local safety members bnly.
c. Secticn 21222.1 (Special 55 inerease - 1970;. Legislatioa
repealed said Section effective January 1, 797g,
� d. Section 21222.2 (Special 5� Inc^ease - i971), Legislation I
repealed said Section ef;ective Jar.uary 1, 1979.
e. Sectlon 2002a.2 (One-Year r'+_r.al Coepensation). ,
f. Section 21389 (Secoad Opportuni.y to Elect 1959 Coverage).
• Repealed ef_°ective Septeaber 27, 797S `or local aiscellaneous
_em� :s only.
3. Sec:ion 2C9b2.9 (Unused Sicx Leave Credi�) .°or ?ccal fire
�e^bers cnly.
... ?�b?:c ?. ia accordar,ce vith �zc�'_en 207�0, Gov=^^�e•;` rcde,
_?33Q� :0 �B ?❑ '?^.pjOj'@^ . y ]I C:^.'a�t0.*' � v`: .,'? ?�C1.0
_'r=Cy°p3 3etL-=mer.t �dil ?��OC�:7? C❑ Ycve .T.CCf 1 ?C��. =CC':'fU�3t2d
_CR:-2�L'�.0[13 Ji �L'D�?C .�g?.^C% 33 ,,. :�':_ =_:or=Wen::..ne �.',at2 5�';0�1 5E
f ar.d .�ce^_._ned as cvic=d _.. �zc.:cr. 2^i5?� Gcv r-_. .
e -=�t cde
_r.d acc_.-u:=_�=d as .. ..^.e af�r=-e�:.o�eC date and
_cn_r'_�u�:or.s .i:ereai:er -ac= �^:s_: `_e .._i� '�y -.`,e 'card �s �rc•r�e:
_.. ___�__„ Z7":,, �cv=rr.cer._'�cce. '
a� �r
9. ?t:blic �gzncy sha11 cor.tr:but= to said R=tirzment Sys�eo as ;ollcus:
a, ilith. respect to 1oca1 misc=llzneous �e�bers, �he zg=ncy shall
contribute the Folicur;ng percentages oi conthly saiaries earned
as 1oca1 �niscellan?ous members of said 3=_tir_ment System:
(1) '.039 percent unt:l June.30, 19?5 on acccunt oF the 1+_a_
bility .or pr'_or se^•rice ber,e;_ts. (Sub�ect :o anr.ual
c5ange.)
(2) 77.682 percent unt?1 June 30, 2000 on account oi the lia-
bility for current service benefits. (Subject to anr.ual
chang=.)
b, ilith respect to lccal sa:ety members, t'r.e agency shall contriSute
the :ollowing p_rcentages o: monthly salaries earned as local
safety �eaSers of said detireaent System:
(1) 51.4�5 perceat until June 30, 2C00 on account oi the lia-
bility for current ser4ice beneiits. (Subject to anr.ual
' change.) _. �
e. � rea�c�able a:,cunt, as i.sed by t::e 3osrd, payable in ene in-
stall�ent withia EO days oi �ata cf contract ta cover 'the cast�
of adainister+_ng said Syste� as it affects the e�pl�pees of
Public Agency, not including the costs of special valuations or
of the periodic iavestigation and valuations reqvi-ed Sy law.
d. A reasonable z��ount, as iix=d 'ay :he Board, payable in one ir.-
stallmeot as the occasiona arise, to cover the costs o: special
valuat*_ons ca account oF employees of ?ubllc lgency, and costs of
the periodic investigation and valuations r_Gu+_red by lax.
10, Contribut:ona required cf ?ublic .�3ency ar.d ?ta employees s�all be
subJect �a ad�ustment by °oard oa account o.° aae.^.dcents ±o tl:e Public
�aplcyees' 3etlrement Law, ;nd cr. accour.t o:' the ez�erience under t"e
Betiremeat System as determined by the pe.^+_odic �nvestigation and
valaatlon...L�-yired by said Hetir=ment Lau.
il. Ccntributiona required of rub?ic dgency and its employees shall Ce
paid by ?ublic Agency to the Re*_ireaent Syst:�•v+_t,yin thir�y days
after :!:e sr.d c: �he �erLcd ta ;+hich said contribut:ons . efer or as
�ay be .rescriSed by °card r=guiat.on. _° ^crs or _>ss .:a ,
,� " r. �^e cor-
^°Ct �^.CUOL Oi CCIIC:'!�UL:O�S _3 ;.a'_� :or '-r.y 22!'_OG�� �,^CO2.^ 2C�jL'gT,�ECL
� 9(:8:: Jf� .�eC2 _^ =cnr.ec� ._.,,
:cn . ^ su6sequent r=xi.tar,ces. �?justa,eats
cn acccunt oi errors in cor..r•:'�ui'_ens r=qui^=d c; any e-;o�oye= �ay be
zade �y ,_r=ct paynen:s beta?_� -;Ze o�cioye= a.*.d �;:e �oa; d.
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B. This amendment shall be effective on the day of ,
1985.
!ditness our hands the day ot , 1985.
BOARD OF :1D:tI�IISTR4TI0N CITY COWi CIL
PUBLIC E�iPL0YEE5' RETIRE�tENT SYSTE�f OF THE
CITY OF LYPIWOOD
BY • BY
SIDNEY C. McCAUSLAND Qresi��ag-9€€3eer J01-LV D. BYORK
E?� CUTIVE OFFICER � Mayor
approved as to form: Attest:
�fargaret .7. Hoehn, Legal Office, Date Andrea Hooper, City Clerk
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ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LYNWOOD ��ENDING
ORDINANCE NOS. 1134 AND 1149
WHICH GRANTED AND ESTABLISHED
TERMS FOR A CABLE TELEVISION
FRANCHISE ,
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Recitals. The City Council of the City of I
, Lynwood finds, determines and declares;
(a) The City Council previously enacted Ordinance '
No. 1134, which granted a non-exclusive franchise for a
cable television system in the City to California Cable-
systems, Inc.; and
(b) The said Ordinance No. 1134 was subsequently
a�ended by Ordinance No. 1149, which modified the
initial terms and conditions of the franchise; and
(c) As the result of negotiations based upon
actual operating results as well as future projections,
the City of Lynwood desires to make certain further
amendments to the franchise terms and conditions�in an
effort to insure the future viability of cable service
for the residents of the City.
SECTION 2 . Section 5.5 of Ordinance No. 1134 " Faithful
Performance Bond" is hereby amended to read as follows:
"5.� Faithful Performance Bond. Upon the effec-
tive date o t e Franchise, as amended, Grantee shall
furnish proof of the posting of a faithful performance
bond, which may be a corporate surety bond, running to
the Grantor, in the penal sua of 5150,000. The faithful
performance bond sha11 be in a form approved by the City
:�ttorney. Upon demonstration by Grantee to the satis-
faction of Grantor, pursuant to the procedure that
follows, that a11 the construction to be undertaken in
�he City pursuant to the Franchise Agreement has in fact
been completed and the system is fully operational, the
bond sna11 be reduced to a sum of 560,000. Such bond
for a sum of $60,000 sha11 be maintained by the Grantee
throughout the term of this Franchise.
�s prerequis:tes to the reduction of the
pe:formance bond �o $o0,C00, Grantee sha11 w:*hin 180
cacs f-om the effec*_ive date of th:s Ordinance, demon-
strate to the reasonable satiszaction of Grantor that:
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(a) Good faith efforts have been made to obtain
owner permission for the wiring of all multiple units in
. the City; and
� (b) All multiple units, for which permission to
enter and wire has been obtained, have been wired; and
(c) Within 90 days all governmental'buildings for
which service has been requested will be provided cable
drops and service per the Grantee's franchise proposal.
r111 governmental buildings will be provided service
within 90 days of request for such service; and
(d) All residential units, other than multiple
units for which the owner has not granted permission to
enter and wire, are capable of receiving cable service.
Where Grantee claims that circumstances beyond its
control delay or prohibit service to isolated pockets of
homes, it shall present a specific plan for the offering
of service to these homes prior to any reduction in the
performance bond."
SECTION 3. Section 7.4 of Ordinance No. 1134 is herebv
amende� to iead as follows: "
"7.4 Capacity for Interactive Residential
Services. Grantee shall provide, in the initial systefl
contiguration, the capacity for interactive residential
services including, but not limited to, securit;� alarm
monitoring, home shopping, energy management, home
banking, teletext, information access and retrieval, .
subscriber polling, video games and one-way or inter-
active education. All customer equipment necessary for
such services, sucn as addressable interactive
converters, home terminals and home detectors, shall be
provided to subscribers by Grantee in accordance with
established and uniform rate schedules.
' Grantee shall not be required to activate the
interactive residential capability until December 24,
1985. At that time, Grantor may continue to delay the
activation of interactive services if it determines that
activation is not technically or economically f�asible.
If Grantor determines.that activation of interactive
services is both technicallv and economically feasible,
it na;� require activation after December 24, 1985."
SECTION 4. Section 7.5 of Ordinance No. 1134 is hereby
amended to read as follows:
"7.� CaDacity for Institutionai Services. Grantee �
shall proviae, in the initial system conriguration, the
'. capacity for one-way aad interactive institutional
com���nicatzons services :ncludino, but not limited to,
v'deo, voice and data comaunic2tiens. The svs:er� shall
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have the capacity to provide a fu11 range of channeliza-
tion and multiplexing options to meet the needs of the
broadest spectrum of institutional users. The system
shall-provide all features reasonably necessary to main-
tain message privacy and security, which may include,
but is not limited to, addressable taps and converters,
data encryption and signal scrambling.
° Grantee shall provide and maintain all Grantee ,
provided customers-premises equipment necessary to
interface with the cable communications system at a cost
to be determined by Grantee. Equipment commercially
available and not directly linked to the cable system,
such as data terminals, video cameras and microphones,
may be supplied by Grantee or, provided no harm is
caused or results to the cable communications system, by
the cable system user.
Grantee shall not be required to activate the
insititu*_ional services, nor build the ins*_itutional
network until Decenber 24, 1985. At that time, Grantor
may require construction and activation of the
originally proposed network or acceptable alternatives
if it determines that the construction and operation of
an institutional network are techinically and economi-
cally feasible as well as in accordance with the regula-
tions of the Public Utilities Commission and the Federal
Communications Commission. When Grantor reviews the
economic and technical ieasibility of the institutional
network, it shall give due considzration to any alterna-
tive proposals Grantee may wish to make for delivery of
institutional services, including, but not limited to,
the delivery of these services on the residential
network. Grantor may also continue to authorize delay
in construction of the institutional network if it
determines tnat such delay is warranted due to a lack of
technical or economic feasibility."
SECTION 5 . Section 1� o£ Ordinance No. 1134 is hereby
deleted in its entirety and replaced with•the iollowing:
"15.1 Grantor, in cosoliance with the Cable
Conmunications Policv 9ct of 1984 and Caiifcrnia Law
governing eminent domain and upon payment of fair market
value, mav condemn the Franchise, property and plant of
Grantee."
ScCTION 5 . Section 7 of Ordinance No. 1134 is anended
by adding a new Section 5.10 to read as follows:
"5.10 Periodic Reoorts. During such ti�ae as
Grantor allows Grantee to reduce its support tor 1oca1
arogra��ing pursuant to 52c*_ion .9.2(e) he_-eet, or to
de=e- construction of a single trunk institutional
netcaor�c and/or prov�sior: of activated bidi_ectional
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" communications on the residential network, Grantor shall
have the right to require Grantee to provide additional
information. At a minimum, Grantee shall provide to
Grantor:
(a) Grantee's marketing plan for Fiscal Year 1985
by no later than thirty (30) days after the adoption of
this Ordinance.
(b) In July 1985, Grantee shall provide a mid-year
financial status report.
(c) Grantee shall submit within four months of the
close of every.one of its fiscal years, an annual report
to Grantor. Said report shall include an audited finan-
cial statement of Rogers Cablesystems of California,
Inc. Said report shall also include financial state-
ments of the system serving Downey, Bell Gardens,
• Lynwood, Paramount and Santa Fe Springs. The local
system financials need not be audited but shall be
prepared by the same accounting firm wh'ich prepares the '
audited financial statements for Rogers Cablesystems of
California, Inc."
SECTION 7. Until December 31, 1985, Section 9.2 of
Ordinance No. 1134 is suspended and replaced in the interim
with the following language:
"9.2 Grantee Support for Local Proqramming.
Grantee sha11 provide support for 1oca1 programmino, as
a minimum: .
(a) Reasonable, scheduled use of a11 cablecasting
access facilities by non-commercial, tax-exempt
' organizations at no charge.
(b) Payment to Grantor or a non-profit corporation
to be designated by Grantor the total sum of 4�0 of
Grantee's gross revenues received and attributable to
Lynwood in calendar year 1984, plus the sum or S20,OOU.
4% of �ross revenues
+ $20,000 '
= Tota1 Due Grantor
Said sum shall be paid on or before ,Iune 30, 1985.
This represents a temporary reduction in Grantee's
local programming suopor*_ payments, pursuant to Section
. 9.2 hereof, other��r�se due for 1985. Said funds are
soec:fically provided _a fu11 satisfaction of capital
and o�e�ating requirements for local progra�ming for the
calenaa� year 1985, provid2d, however, tha*_ nothin� in
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this Agreement shall relieve Grante2 of the reguirement
to make the scheduled local programming payment as
required on or about December 24, 1985 as required in
Section 9.2 of Ordinance �70. 1134, as amended by
Ordinance No. 1149. Unless the Grantor and Grantee
agree on an extension of these revised franchise terms,
Section 9.2 as adopted by Ordinance No. 1134 shall again
become effective January l, 1986.
SECTION 8. This Ordinance amending and adding to
Ordinance No. 1134 of the City of Lynwood is enacted in light
of the current financial situation of the Grantee, Rogers
Cablesystems of California, Inc., and in reliance on the
integrity and ability of its parent Rogers U.S. Cablesystems,
Inc. to perform pursuant to this Ordinance. Accordingly,
this Ordinance may be immediately repealed, at Grantor's
option, should Grantee assign its rights, duties and obliga-
tions under the Franchise to any other person or entity.
Assigncaent shall be deemed to include, but not be limited to,
(1) the transfer or sale of any stocic of Grantee from Rogers
U.S. Cablesystems, Inc. to any third party, (2) the assign-
ment of the assets of Grantee, including this Franchise, to
' any third party, or (3) the merger, dissolution, consolida-
tion, or other reorganization of Grantee, including the crea-
tion of any limited partnership.
SECTION 9. The Federal "Cable Communications Policy
Act of 198 contains several provisions treating cable
television system franchises in effect on the date of the
Federal Act differently than franchises granted after the
Federal Act. By enacting this Ordinance, which amends and
adds to Ordinance No. 1134 of the City of Lynwood, neither
Grantor nor Grantee intend that the Franchise be construed as
� a new Franchise outside of the scope of the "grandfather"
clauses of the Federal Act.
SECTION 10. The Grantee and its Parent Corporation
shall, within sixty (60) days after passage of this
Ordinance, file in the office of the City Clerk a written
acceptance of this Ordinance executed by Grantee and its
Parent Corporation, in a form approved by the City Attorney.
The Parent Corporation, by executing and filing'the
Acceptance, guarantees performance by Grantee of all
, Grantee's obligations hereunder and agrees to perform those
obligations on Grantee's behalf, if so ordered by Grantor, in
the event Grantee for any reason which is aithin its contrel
or reasonably foreseeable fails to perform them. The
.lcceptance snall include a provision stating that the Grantee
and its °arent Corporation recognize that this Ordinance does
not affect the status of the Franchise as a preexisting
£rsnchise aithin the �eaning of the Federal "Cable Coomun_ca-
tions Policy :�ct of 1984" and further stating that the
Grantee and its Psrent Coraoration shall not contend other- .
��ise ia an,a judicial or adcainistrative proceeding. railure
� o� Grantee and its °arent Corporation to accept the Franchise
� I
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as provided herein shall cause this Ordinance to become null
and void.
SECTION 11. The City Clerk shall certify to the
adoption ot this Ordinance and cause the same to be processed
in the manner required by law.
PASSED, APPROVED and ADOPTED this day of ,
1985.
MAYOR
t1TTEST :
CITY CLERK
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SECOND REVISED '
FRANCHISE AGREEMENT AND ACCEPTANCE
OF TERi4S AND CODIDITIONS
WHEREAS, the City of Lynwood, a California raunicipal
corporation (the "Grantor"), by action of its governing body,
adopted Ordinance No. 1134, a Cable Television Franchise
Ordinance _(the "Ordinance"), granting to California Cab1e-
systems, Inc., a California corporation (now known as Rogers
Cablesysteos of California, Inc.) (the "Grantee"), a non-
exclusive franchise to construct, operate and maintain a
cable cor�munications system (the "System") within the City;
and
WHEREAS, Grantor and Grantee have previously entered
into a Franchise Agreement and Acceptance of Terms and
Conditions and a First Revised Franchise Agreement and
Acceptance of Terms and Conditions; and
WHEREAS, the parties now desire to further amend the
rranchise Agreement in a joint effort to insure the future
viability of cable service to the residents of Lynwood;
NOW, THEREFORE, Grantor and Grantee do hereby mutually
covenant and agree to the followzng ar�endments to the
Franchise 9greement and Acceptance:
1. This Second Revised Franchise Agreement and
Acceptance of Terms aad Conditions contains revisions to the
terms and conditions of an existing franchise granted by the
City of Lynwood. The parties do ::ot �ntend to create a new
-_t3RCt1152 t JV ag Te2lRg t0 the iOl iowz�� °ev�sed t2rIIS and '
'cond_tions.
i f►
2. Grantee and its Parent Corporation, by execution of
this Second Revised Franchise Agreement, accept and agree to
be bound by each and every term, condition and provision of
Ordinance No. 1134, as amended by Ordinances No. 1149 and
, true and correct copies of which are attached as
Exhibits "A", "B" and "C", respectively and incorporated
herein by this reference.
3. The Parent Corporation of Grantee, ROGERS U.S.
CABLESYSTEMS, INC., by execution of this P.greement and
Acceptance, guarantees performance by Grantee of all
Grantee's obligations pursuant to Ordinance No. 1134, as
amended by Ordinances No. 1149 and , and the Second
Revised Franchise Agreement and Acceptance. ROGERS U.S.
CABLESYSTEh1S, INC., as Parent Corporation of Grantee, agrees
to perform any such ooligation on t;rantee's behalf, if so
ordered by Grantor, in the event Grantee fails to perform
such obligation.
4. For calendar year�1985, Grantee sha11 pay to the
City of Lynwood or a non-profit corporation to be designated
by the City, the total sum of 4% of Grantee's gross revenues
received and att-ibutable to Lynwood in calendar year 1984,
plus the suia of $20,000.
4� of gross revenues
T SZO,OOO
= Tota1 Due Grantor
Said sun shail Se oa:d on or before June 30, 1985.
T_his reoresents a temoorary r2cection i� Grantee's 'ecal
oro�ramming supoor* payments otherw�se due for 198�. Said
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funds are specifically provided in fu11 satisfaction of
capital and operating requirements for local programming for
the calendar year 1985, provided, however, that nothing in
this Agreement shall relieve Grantee of the requirement to
make the scheduled local programming payment as required on
or about December 24, 1985 as required in Section 9.2 of
Ordinance vo. 1134, as amended by Ordinance No. 1149.
5. For the period January 1, 1985 through December 31,
1985, the cities of Bell Gardens, Lynwood, Paramount and Santa
Fe Springs hereby contract with Rogers Cablesystems of �
California, Inc. for the provision of local origination
programming and assistance to public access programming in
these cities. The total joint commitment from the cities is
in the anount of $55,000 for the calendar year 1985. Said
amount is payable as follows: ,
$27,500.00 Covering January 1, 1985 through
June 30, 1985 due on or before
June 30, 1985
$27,500.00 Covering July 1, 1985 through
December 31, 1985 due September•1,
1985
The cities agree to share this joint cost based upon
their respective percentages of households (potential) in the
� Svstem:
24.2% Bell Gardees "
36.3% Lvnwood
28.6� Paranount
10.90 Santa =e Sorings
ror rhe foregoing $55,000 pe� y2ar, Grantee agrees to:
3
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'(a) Keep the Downey studio open and accessible and
for "overflow" access, subject to reasonable advanced
scheduling.
(b) Keep the Lynwood studio available and staffed
pursuant to a schedule to be mutually agreed upon,. with
a technician capable of assisting those persons �vishing
to utilize the Lynwood facility.
(c) Provide normal maintenance for the existing
access equipment and mobile van. City participation
would be required for any major upgrading or replacement
of access equipment.
(d) The mobile van will be kept available for
potential access users subject to reasonable advanced
scheduling and supervision.
(e) Continue local origination programming of
general interest to the cities at a level to be
determined by Grantee.
6. The cities agree that they will make individual
production and payment arrangements with Grantee for local
origination projects that they wish Grantee to undertake in
their cities.
7. The.Access Coordinator Agreenent betweer. the
parties is terminated, ezfective December 31, 1984. Uoon the ,
' delivery of proper docunentation *_o support the Access
Coordinator invoicing by Grantee, Grantor agrees to pay said
invoice wi*_h�n thirty (30) da;�s of the execution thereof.
3. Przor ro tttis �greemeat Grantee paid to Grantor
$23�,?!3 pursuant to Section ?.2 oi Ordinance No. 1149 for
Y
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the first and second years of the Cable Television Franchise.
Grantee and its Parent Corporation hereby agree to release
and waive any past, present or future claims, causes of
action or rights they now have or which may hereafter accrue
' on account of or in any way arising out of the manner in
which the Grantor has utilized or will utilize this $235,248
plus any interest accrued thereon.
9. This Agreement sha11 be effective only for the
period January 1, 1985 through and including Dece�aber 31,
1985. The Agreement may be extended from year to year by the
written consent of both parties.
DATED: ROGERS CABLESYSTE�IS OF
CALIFORNIA, INC.
By
Title
DATED: ROGERS U.S. CABLESYSTEMS, INC.
g .
Title
DATED: CITY OF LYNWOOD
By
�YOR
�TT�'ST :
CITY CL�RK
. J
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,:�;•:� ��`' 11330 BULLIS �OAD
;, � �- LYNWO00, CAIIFORNIA 90262
` e , '`'�' ,
OFFICE OF THE �
CITY CLERK
IAITER•QF'rr'IC� rYPF.r
D.�TE: May 21, 1985
T0: Honorable hlayor and Council:htembers "
�
FROhi: ;lndrea L. Hooper� City Clerk ��
�,s
SUBJECT: APPOINTMENT: HOUSING AND COt•it4UNITY DEVELOPMENT
ADVISORY BOARD
�t the regular meeting of P1ay 7� 1°25, Counci.lman Henning
nominated C4ary Sherman to the one (1) vacancy on the Housing
and Community Development Advisory Board.
It �,vas moved, seconded, and carried•to close nominations. I
Appointment at the regular Council meeting of May 21, 1985.
• �
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F�;
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. , ' � � ' � � l7NWOOD, CALIFORNIA 90262
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I CFFICE OF THE
CZTY CLER4<
111lT,'E'r'7•4Ff/C1� r1➢E
D,�TE: t9ay 21, 1985
T0: Honorable hlayor and Council t4embers .
i
FROht: Andrea• L. Hooper, City Clerk ����
SUB�ECTc PIOMINATION: ONE (1) VACANCY PARK �ND RECREATICN '
COMMISSION
Nominations are now open for the one (1) vacancy on the Park
and Recreation Commission. '
�ppointment June 4, 1985
' Term Expiring:
Ceorge Martini - term expires �une, l°85
� �
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• RECElVED I .
CITY OF �YNWOOD
C1TY CLERKS OFFICE
t�1AY 14 i93� . �`
A!N p� �b `
7 i 8 i 9 iN�i11i12i1�2i3�4�5�6 ': �.',:�-' .
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"��{' _'� '� �� 11330 3UL115 dOAD
�� p �;;`+ LYNWCOD, CALIFORNIA 90262
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QFFICE OF THE
CITY CLERK
lAITER•OFF1C�' A9E.A+10
D.iTE: May 21, 1985
T0: Honorable ��tayor and Council• hiembers .
FR014: Andrea L. Hooper, City Clerk`��
SUBJECT: NOhtIIJATI0N5: THREE (3) VACANCIES HOUSING AND
COM�IUNITY DEVELOP�dENT ADVISORY •
B0�1RD (HCDA)
Plominations are now open for three vacancies on the Housing and
Community Development Advisory Board.
Expiring terms:
Oonald Dove - term exp3res �une, 19&5
�arbara Fitts -(appointed February, 1995, to serve out the term
of Dale Steele)
Rev. John Hookins -(appointed April, 1985, to serve out the
term of Alfred Walker)
Appointment June 4, 1985.
� . . �
- rOR CGNSIDEFATION FOR THE HCD ADVISORY BOARD
REStJME ���'�`� �
WI�LARD HAWN P.EED \,�.��� ��.���5
. 12126 Cornish Ave. G
Lynwaod, ca 9Q262 P QF� ���s
c 2 i a> 635-2564 G` �� O �� C
Personal: Born November 14, 1917, Globe, Arizona
, Married C1442) to Vera E�elyn CKinp) P,eed, Ri�.
Two sons: Loy Hawn Reed {195d), Thomas �eo Raed (19587
California resident since 1923, Lynwc�od resider�t since 144U
Education:
Degreas: Field Institutiori Uate _
HS - Co�ina UHS, Co�ina CA 1936
n�rte Pre-Med U.C.L.A 1936-37
A.A. Pre-Engineering Compton College 195�3
B.S.C.E. Ci�il Engineering Chlifornia State 1962
Uni�?rs+ty, Long Beach •
M.S.C.E. Civii Engineering University of Southern 1964
California '
none Post Grad, PhD, C.E. Utah State University 1966
none Post Grad, PIiD, C.E. Uni�ersity of Southern 1964-73
California
Employment:
1937-40 Carpenter� Foreman & Superintendent vari,ous builders
1940-41 U.S.Army CField Artillery took sfiort discharge to reenlist)
1941-45 U.S. Air Force CHigest rank: Group �gt-Major; Highest
. permanant rartK, Tech-Sgt) .
1946-59 Builder & Constr. Super. DfA Kenneth V. Reed 2c Son, �en Contr.
1962-66 Assistan# Professor of Civil Eng+neering, Cal Statz Uni� �.B.
1963-64 Adm. Assistant to Dean of Engineering, Cal State Uni� L.B.
1964-65 Vice Chairman, Dept. of Ci�il Engineering, C�1 State Univ L.B.
1966-71 Asasociate Professor of Ci�il Engineering, C.S.U.L.B.
1965-74 Chairman, Dept. of Ci�il Engineering, C.S.U.L.B.
. 19?1-83 Professor, Dept. of Ci�il Engineerinq, C.S.U.L.B.
1974-83 Associate Dean, School of Engineering, C.S.U.L.B.
ISS2-83 Acting Dean, School of Engineering, C.S.U.L.B.
1983-dt Professor Emeritus, Dept. of C, E., C.S.U.L.B.
Other Servires:
6-10/73 Developed & directed 488 hour Hea�y Constr Engineerinq MT'�A,
Dept of Labor P.etraining Course +or Aerospace Enyineers
1974 & 75 De�eloped and taught 3& 10 week courses, C�ULB/AP�n1A on "The
Envir�nmental Asperts of Public Works Prajec+.s°
1475/83 Ue�eioped, +unded, � directed the L2/MESF, progr:m in 12 local
� high schools in�ol�ing appx 3�0 students annuaily at funding
_ r�nging'from �20,000 in 1?77 ta g105,000 in 14°�
1977/81 Served on Los Angeles Co. Solid Waste Managemer�t Committee
' (appointed by the L.A. County Board Of Supervisors)
` 1977-83 Developed, abtained funding for & conducted 11 une-d.xy �.�ior'�t-
shoc=_. for women/minor+ties in engineering a�er 3n(1p. attend
1977-83 De�eloped, obtained funding tor & conducted six 2-w?eK Tiv?-
, in summer workshops for minority P�igh school stud
! 982,�83 D?vel oped ,s funded l.2/MEP Ch?i n�r i t>• Engi neer i ny Prnqr.xm) �50k
!='S2,''83 WrotE Proposal ;nd �btained #�0,000 Investment in P?ople qr�nt
i?35-dt =i?cted toiser�.�ed Board or Education, Lynwood Unifi?d Sch ✓ist
� r
���`'�Y G�TY 0� �Y�����OOD �
,
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i � ' . � T� �'/ „3�0 g����5 .Z�A�
. �� -� j ,.,'''� ' LYNWOOD, CALIfORNIA 90262
�:..�
OFFICE OF THE
CITY CLERK
/AITER�f1FFICE A9E.1lr90
D�,TE: May 21, 1965
T0: Honorable hlayor and Council Plembers
FROI�t: Andrea L. Hooper, City Clerk;
SUBJECT: VACANCY r�NNOUNCEMENT: TWO (2) VACANCIES PL�INNING
COMMISSION
Information only: The terms of Lee Sampson and Donald Dove
are expiring �uly, 1985.
Plominations will be made at the first Regular Council Nleeting
June 4, 1985.
�lpointment second meeting �une 18, 1995.