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Home My Public Portal AboutM 1981-10-06 - CC193 REGULAR MEETING OCTOBER 6, 1981 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 Byork in the chair. Councilmen Green, Morris, Rowe, Thompson and Byork answered the roll call. Also present were City Manager Weaver and City Attorney I McEwen. SCHEDULED MATTERS It was moved by Councilman Morris, seconded by Councilman Green, that minutes of the regular meeting of September 1, 1981, and regular meeting of September l5, 1981, be approved as written. Councilman Thompson stated that that portion of the minutes.of September 15, 1981, relating to paramedic services did not accurately reflect what was said on the subject. Substitute Motion: It was moved by Councilman Green, seconded by Councilman Morris, and carried, to in- clude the verbatim transcript of that portion of the meeting of September 15, 1981, pertaining to paramedic services. The City Manager presented a plaque to Councilman Eugene R. Plaque to Green in appreciation of his tenure as Mayor. ExMayor E. R. Grey The City Manager presented Mayor Byork with a plaque encas- Plaque to ing the pen used by Judge Pregerson to sign the Consent Decree for the Century Freeway. Mr. William Kolitz presented Mayor p. the Mayor with a replacement pen. Freeway r-- signing The City Manager reported that the City of Lynwood has re- ceived an award from the American Automobile Association in Award AAA recognition of the City's outstanding Pedestrian Program. Pedestriai City Engineer Harold Williams accepted the award for his Program department's contribution in implementing the program. The Mayor announced that the time had arrived to conduct a PUB HEARII public hearing on proposed change of zone from P-1 (Automo- P-1 to R- bile Parking) to R-1 (Single Family Residential) at the following locations: 3385 and 3393 Virginia Avenue; 3373., 3377 and 3380 Josephine Street; 3359 and 3365 Louise Street; 3.:333 and 3337 Lynwood Road. The City Manager reviewed action of the Planning Commission taken pursuant to public hearing. The Mayor inquired if anyone present wished to speak for or against the proposed changes of zone. There was no response, and the public hear- ing was closed. It was moved by Councilman Rowe., seconded by Councilman Green, that the ordinance be read by title only and introduced. An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF ORDINANi THE CITY OF LYNWOOD AMENDING THE ZONING ORDINANCE (ORDINANCE 1st Rea. ,.,.., NO, 570) BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN Changing PROPERTY FROM P-1 (AUTOMOBILE PARKING) TO R-1 (SINGLE-FAMILY P1 to R RESIDENTIAL)." was presented for first reading. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None The Mayor announced that the time had arrived to conduct a PUB HEARII public hearing on proposed amendment to Ordinance No. 570 to Amendment allow veterans' clubs to have on-site sale and consumption of Ord. 5; ~~~ PUBLIC HEARING alcoholic beverages within 300 feet of residentially zoned Amend. Ord 570 properties with a Conditional Use Permit. , The City Alcoholic bev. Manager reviewed action of the Planning Commission taken within 300 ft. pursuant to public hearing. The Mayor inquired if anyone of residential present wished to speak for or against the proposed amend- propert i es ment. D. Richman Mr. Dave Richman inquired if the proposed amendment would re other allow veterans' organizations from other cities to obtain organizations a license. The City Manager advised that the veterans' allowed to organizations would have to be located in the City of above Lynwood. The Mayor again inquired if anyone else wished to be heard. There was no response and the public hearing was closed. ORD. N0. 570 An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL AMENDMENT OF THE CITY OF LYNWOOD AMENDING THE ZONING ORDINANCE Alcoholic bev- (ORDINANCE NO. 570) TO ALLOW VETERANS' CLUBS CHARTERED erages - on-sit e BY THE UNITED STATES CONGRESS TO HAVE ON-SITE SALE AND sale and consum p~CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE HUNDRED t ion wi th i n FEET ( 300 ) OF RESIDENTIALLY ZONED PROPERTY WITH. A CONDI- 300 ft. of TIONAL USE PERMIT, TO REQUIRE THAT THE BURDEN OF PROOF BE residential PLACED ON THE APPLICANT IN PROVING THAT AN ON-SALE LIQUOR properties ESTABLISHMENT WAS IN OPERATION AT THE APPLICANT'S PROPOSED BUSINESS ADDRESS WITHIN SIX (6) MONTHS OF THE APPLICATION DATE, TO DELETE SECTION 15.03 OF SAID ZONING ORDINANCE, AND TO ADD SECTION 8.11 TO THE SAME." was presented for first reading. It was moved by Councilman Morris, seconded by Councilman Thompson, that the ordinance be read by title only and introduced. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None PUB HEARING The Mayor announced that the-time had arrived to conduct Denial to public hearing on appeal of Planning Commission denial to amend No. 570 amend Zoning Ordinance No. 570 to allow a family child day Family child care center with a maximum of twelve children in an R-2 day care center zone with a Conditional Use Permit. The City Manager reviewed action of the Planning Commission taken pursuant to public hearing. He stated that staff's recommendation for denial is based on parking considerations, the fact that a day care center is a commercial enterprise and that the Fire Department has concerns regarding the high resid- ency factor. The Mayor inquired if anyone present wished to be heard. C. Green Mrs. Cynthia Green, appellant, spoke in favor of the pro- appellant in posed amendment stating that the property is comprised of above public 9,200 square feet; that the backyard is quite large; that hearing case the family room is large; that attached to her report is a petition in favor of the proposed day care center signed by twenty-seven persons who live in the area of Virginia and Ernestine Avenues; that she was unable to attend the Planning Commission hearing as she was hospitalized; that she requests that Council reconsider the application; that there is a demand for moderately-priced day care facilities; that the facility would have a maximum of twelve children; that little traffic would be generated by the day care center and that there are parents in the neighborhood who would utilize. the facility. H. Allen Mr. Henry Allen, 3834 Virginia Avenue, stated that he is npt opposed not opposed to a day care center per se, but that he does to child day have concerns regarding the possible increase in vehicular care center traffic. He stated that presently children cross the street { .. .' Q ~ freely to play. Mr. Allen stated that he was concerned H. Allen that if the day care center is approved, the possibility (Con't.) exists that it might expand to care for more than twelve children. The-City Manager advised that if Council ap- proves the amendment, the applicant would be required. to obtain a Conditional Use Permit. Mr. John Ward, Virginia Avenue., amendment stating that he lives the proposed day care facility; mainly in the house and yard; t behaved anal that he is in favor facility for twelve children. spoke in favor of the across the street from that the .children are hat the children are well- of the proposed day care J. Ward, in favor of chit day canter Mrs. Green, in response to Mr. Allen's statement regarding .Councilman the possible expansion of the day care facility, stated Green's that State law mandates that the facility be Limited to comments rE twelve children, and noted that four of the twelve children chi 1 d day are her. own. care center Councilman Rowe inquired if the children would play in the Comments backyard, and Mrs. Green responded in the affirmative and from Counc added that the .yard is fenced in. man Rowe Councilman Green inquired what hours the day care center Day Care would be open and Mrs. Green responded that the hours would Center hog be from 6 a.m. to 5 p.m. The City Manager stated that the staff report indicates that Day Care a day care center at that location would increase traffic Enter in and noise, that the use would be quasi-commercial, and that crease approval of a day care center in an R-2 Zone would set a traffic precedent for other R-2 Zones. The Mayor inquired if anyone and nois~ else wished to be heard. Councilman Thompson stated that there is a tremendous need Gouncilm for child care but that he has concerns about some of the- .Thompson points made regarding this type of zoning, and that Council concerns would be setting a precedent.. Councilman Thompson requested that Council carefully consider opening up areas for this type of use. Councilman Morris stated that approval with a Conditional Councilm Use Permit would still be spot zoning which Council is Morris C attempting to correct throughout the community. spot zon i Councilman Green asked Mrs. Green if she had made any at- tempt to relocate the day care center to an R-3 Zone. Mrs. Green stated that she is unable to move. A RESOLUTION NO. 81-133 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING AN AMENDMENT TO THE ZONING-ORDINANCE (ORDINANCE NO. 570) WHICH WOULD ALLOW FAMILY CHILD DAY CARE HOMES WITH A MAXIMUM OF TWELVE (12) CHILDREN IN THE R-2 ZONE, WITH A CONDITIONAL USE PERMIT." was presented. It was moved by Councilman Morris, seconded by Councilman Thompson, that the resolution be adopted. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe .and Thompson Noes: None Absent: None Abstain: Councilman Byork Relocate Center R-3 RES. .81-13 Denying an amendment Child Day Care Cente RESOLUTION NO. 81-134 entitled: "A RESOLUTION OF THE CITY RES 81-134 COUNCIL OF THE CITY OF LYNWOOD AMENDING THE 1981-82 SALARY Amending RESOLUTION." was presented. The City Manager reported that 1981-82 the amendment to the salary resolution for Captain, Engineer, Salary F and Fire Fighter is in accordance with the current Memorandum of Understanding with the. Lynwood Firefighters' Association. 7 It was.;-moved by Councilman Thompson, seconded by Councilman Green, that the resolution be adopted. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None NEW BUSINESS ORDINANCE An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF Amending THE CITY OF LYNWOOD AMENDING SECTIONS 3-36, 3-49, 4-35 (a) , certain 4-62, 5-13, 5:-19(a), 5-39, 5-46, 5-58(b), 5-65 5-69, 8-2(b), sections 8-2 (c) , 8-36 (c) , 8-46, 11-10, 12-22, 16-19, 17-30, 17-35, establishing 17-75, 17A-2 (2) , 19-129, 20-21, 22-84 (g) , 22-90 (d) , 26-24, certain fees 28-34, 28-36, 28-40, 28-39 (b) , 28-44 (b) , 28-58 (a) , 31-42, 1st Reading 31-56, 31-91, 32-2, 32-21(a), 32-29, 32-39, 32-42,.32-48, 32-49, 32-96(a), 32-97(a), 32-97(b), AND REPEALING SECTIONS 4-36, 4-37, 4-38, 4-39, 4-40, 4-41, 4-42, 4-43, 4-44, 4-45, 4-63, 4-64, 4-65, 4-66, 4-66.1, 4-67, 4-68, 4-69, 4-70, 4-71 4-72, 4-73 OF THE CODE OF THE CITY OF LYNWOOD RELATING TO THE ESTABLISHMENT OF CERTAIN FEES AND CHARGES." was presented for first reading. The City Manager reported that the proposed ordinance would establish a single ordinance for City fees which would enable Council to change fee structure by resolu- tion. It was moved by Councilman Rowe, seconded by Council- man Green, .that the ordinance be read by title only and introduced. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None Cooperation The City Manager presented Cooperation Agreement with the Agreement with County of Los Angeles for Community Development Block Grant County Program for the period July 1, 1982 to June 30, 1985_. It 7-1-82 to was moved by Councilman Green, seconded by Councilman Thompson, 6-30-85 and carried, that Council concur with the recommendation, and that the Mayor be authorized to execute the agreement. RES. N0,81-13~ RESOLUTION NO. 81-135 entitled: "A RESOLUTION OF THE CITY Eliminare COUNCIL OF THE CITY OF LYNWOOD AMENDING THE FY 81-82 BUDGET Secy position TO ELIMINATE A SECRETARY POSITION AND AUTHORIZE A PLANNING Authorizing TECHNICIAN PO SITION." was presented by the City Manager. It was Planning Tech ll toeere$olutionlbeaadorted; seconded by Councilman Morris, and carried that The City Manager recommended that Council accept an easement for sidewalk purposes at 10624 Mariposa Lane (Lot 7 of Parcel Map No. 14377) and presented: RES. No.81-136 RESOLUTION NO, 81-136 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING FOR DEDICATION A ONE FOOT EASEMENT FOR SIDEWALK PURPOSES." It was moved by Council- man Green, seconded by Councilman Thompson, and carried, that Council concur with the recommendation. Easement The City Manager recommended that Council accept easement deeds deeds. for Waterfor the Water Main Project at Mona Boulevard and Industry Way Main Project and presented: RES. No.81-137 RESOLUTION NO. 81-137 entitled: "A RESOLUTION OF THE CITY Accepting COUNCIL OF THE CITY OF LYNWOOD ACCEPTING PROPERTIES NECESSARY properties for FOR THE WATER MAIN IN MONA BOULEVARD AND INDUSTRY WAY." It water main was moved by Councilman Thompson, seconded by Councilman Green, Mona and and carried, that Council concur with the recommendation. Industry Way RES No.81-138 DEMANDS RESOLUTION NO. 81-138 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFOR." was presented. It was moved by Councilman Thompson, seconded by Councilman Morris, that the resolution be adopted. ROLL CALL: Ayes: Noes: Absent: Councilman Green, Morris, Rowe, Thompson, Byork None None OLD BUSINESS City Manager recommended that Council authorize a call for Call for ""' bids. for Lynwood City Park Tennis Courts Relighting Project B ids re Ten ' No. 44-1-4-196-50-975, on November 17, 1981. It was moved Courts Re- by Councilman Morris, seconded by Councilman Thompson, and lighting carried, that Council concur with the recommendation. The City Manager recommended that Council accept and adopt Adopt Water Water System Master Plan prepared by James M. Montgomery System Mast Consulting Engineering, Inc., for use as a guide for the Plan establishment of future redevelopment projects and capital improvement projects, and that the improvements recommended be incorporated into the City's proposed five-year Capital Improvement Program. It was moved by Councilman Morris, seconded by Councilman Thompson, and carried, that Council concur with the recommendation. The City Manager recommended that Council approve agreement Approve with Mullen and Associates, Inc., for consulting services Agmt Mullen in connection. with the City Park Ball Diamond Lighting ans Addoc. Project for a fee of $3,900. It was moved by Councilman Park Ball Morris, seconded by Councilman Green, that Council concur Diamond Lig with the recommendation. ROLL CALL: Ayes: Councilman Noes: None Absent: None Green, Morris, Rowe, Thompson, Byork The City Manager presented agreement with Southeast Area Agmt with Animal Control Authority for fiscal. year 1981-82 with the SEAACA 1881 recommendation that Council authorize execution of the agree- 82 autho ment as modified. It was moved by Councilman Green, seconded ize ex- by Councilman Thompson, that Council concur with the recom- ecution~ mendation . The Mayor recommended that Line 2 , Page 2 be Ag reemen amended to read: "the impounding. and picking up of stray, sick or dead animals from the public..." ROLL CALL: Ayes: Councilmen Noes: Councilman Absent: None Green, Morris, Thompson, Byork Rowe An ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF 1st Readi THE CITY OF LYNWOOD AMENDING SECTION 19-69 OF THE CODE OF ORDINANCE THE CITY OF LYNWOOD RELATING TO DRIVING ON SIDEWALKS." was Driving o presented for first reading. It was moved by Councilman S i dewal ks Thompson, seconded by Councilman Morris, that the ordinance be read by title only and introduced. ROLL CALL: Ayes: Councilmen Noes: None Absent: None INFORMATION ITEMS Green, Morris, Rowe, Thompson, Byork The City Attorney reported that the State Court of Appeals Carman vs: ruled in favor of Plaintiff Richard Carman in the case of Alvord re Richard Carman vs. Alvord and the City of San Gabriel and Levying of held that the levy of a special tax to support contributions taxes ~- Carman vs. to the State Public Employees Retirement System violated Alvord re Proposition 13. The Carman case dealt with the tax for 1 evy i ng of FY 1978-79. The City of Lynwood has a suit which covers taxes the three fiscal years since the adoption of the Jarvis- Gann Initiative. The Court determined that the tax for that purpose and the contract and ordinance approved by the voters in 1948 in the City of San Gabriel did not constitute indebtedness within the meaning of the Jarvis- Gann Initiative .and, therefore, the tax was an invalid tax. The City Attorney stated that the case has some far- reaching ramifications not only for the City of Lynwood but for other cities in Los Angeles County, Orange County and throughout the State who had similar elections and that have levied that kind of tax. The matter is still before the court and a number of procedural steps are required before the decision is final. COUNCIL ORAL COMMUNICATIONS Councilman Rowe requested and received clarification of an advertisement for an assistant to the City Manager. New buses Councilman Thompson inquired when the new buses will be available available and was advised by the City Manager that they will January be available about the end of January. Thanks to Mayor Byork thanked Mr. Kolitz for the replacement pen. Mr. Kolitz Mr. Kolitz stated that when the final Century Freeway Agree- for pen ment is signed, he will present the Mayor with a gold pen. D. Richman Dave Richman, City Treasurer, requested Council to rescind r'-escind Ord. Ordinance No. 1103 on the basis that the ordinance is in No. 1103 violation of California Government Code Section 36514, Compensation "Compensation of Councilmen." Mr. Richman cited the decision to Councilmen rendered by the Court of Appeals in the case of Robert Albright, Plaintiff and Appellant. v. City of South San Francisco et al., Defendants and Respondents in which the Court of Appeals held that where there was no valid ordinance or resolution author- izing flat expense allowances and actuality and necessity of the claimed expenses were not subject to verification, pay- ment of the flat sums was improper. D. Richman's .The City Attorney recommended that Mr. Richman's _ request be request taken taken under submission and stated that he will prepare a under submis- report for the next Council meeting. The Mayor directed the Sion City Manager to implement a policy that approval of Council must be obtained before any person leaves the City on a trip of any nature. PUBLIC ORAL COMMUNICATIONS J. Lucas Mr. John Lucas, 11638 Louise Avenue, addressed Council to Re cost to question the wisdom of spending $1,700 to train a paramedic train a in view of the possibility that the paramedic may leave the paramedic City's employ. Chief Lathrope stated that the training fee has not yet been approved by the Board of Supervisors. He added that turnover in the Fire Department is small and that only two firefighters have resigned in the past year. The City Manager advised that training will not start until funds are received. I . Ga rd i a Councilmens' attendance at meetings; Dog license fees Mrs. Irene Garcia, 2737 E. 111th Street, addressed Council on the following matters: to inquire how many meetings Councilmen attend per month; to inquire if Council had re- considered the dog license fee in view of questions raised at previous meetings; to state that no new dog tags have been issued for several years and in view of this fact, how the increase in fees is justified. The City Manager advised that the cost of animal control has Increase increased and monies in the General Fund have decreased and in animal it was, therefore, necessary to raise the dog license fees, control Mrs. Garcia complained that dogs are running in the streets; that there is a lack of response from animal control to her calls; and that she does not see why she should have to pay. for a service that is not being rendered. The City Manager informed P'Irs, Garcia that her complaint would be forwarded to Southeast Animal .Control Authority for response. Mrs. !'""'" Garcia requested a copy of Council members' oath of office. The Mayor stated the oath of office could be obtained from the City Clerk. Mrs. Garcia questioned approval of real- location of Lindbergh Park monies for lighting purposes; stated that the Lynwood Press issues of September 17 and 23 did not correctly present the facts with respect to the Council meetings and urged that construction of Lindbergh Park proceed without delay. Mr. Robert Downs, 392.0 Carlin Avenue,. addressed Council to R. Downs commend the Traffic and Parking Commission and Mr. Harold Commendatic Williams for prompt response in installing a "Stop" sign T ~ P respc in the neighborhood, and to state that the residents appreciate the service. Mr. Downs expressed dismay regarding Council reaction to R. Downs allegation made by Mr. Dave Richman. He inquired whether Allegation allocated UPARR funds could be applied to the Ball Diamond by D. Richr Project and was advised that UPARR Projects are specific UPARR Funds projects which are applied for on a need basis. Mr. Downs Lindbergh PI wished to go on record as being in agreement with Mrs. Garcia concerning Lindbergh Park. Mr. Norman Ortner, Lynwood Fire Department, addressed CouncilQl. Ortner ~,,,,, to respond to Mr. Lucas' concerns relating to paramedics. concerns Mr. Ortner described his experience as a Lynwood Firefighter.paramedic~ The Mayor inquired what percentage of first aid services could be performed by a Firefighter with paramedic training. Mr. Ortner responded that 68-700 of the calls are of a medical emergency nature, and that a Firefighter could better perform medical emergency services with paramedic training. Mr. John Lucas addressed Council to inquire how many persons J. Lucas are treated by the Lynwood Fire Department on a rescue basis .Daily tre, daily. The City Manger suggested that Mr. Lucas discuss the ment by matter with Firefighter Ortner. paramedic Mr. William Wood, 3524 Mulford Street, addressed Council W, Wood to inquire what kind of a problem the City has in enforcing the $20 dog license fee. The City Manager responded that Dog licen the City is pursuing collection of .delinquent fees more fees aggressively. Mr. Robert Downs addressed Council to comment that if 60% of R. Downs the fire calls are for paramedic services, the Fire Depart- Fire Call ment may be too large. Mrs. Garcia addressed Council to suggest that animal control Ms. Garci officers consult with City staff before canvassing to as- re Animal ,,,-.. certain which dogs have not been licensed .and to obtain Control correct information. She stated that the present system of canvassing canvassing door-to-door is a waste of taxpayers' money. Council adjourned to Executive Session at 9:40 p.m. Follow- ing the Executive Session, the meeting was reconvened. <: > r~ Introduction Sandra Read Ec Dev Manager Adjournment PRES SADAT ASSASSINATION The City Manager introduced Sandra Read, newly appointed Economic Development Manager. The Mayor adjourned the meeting to October 20, 1981, in memory of President Sadat who was assassinated. L ENE COFFEY, City C 'rk City of Lynwood APPROVED OCTOBER 20, 1981 ~~ JO N D. BYORK, Mayor City of Lynwood