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HomeMy Public PortalAboutM 1981-11-03 - CC~~ The Mayor .announced that the time had arrived to conduct RES. N0. 81-1 public hearing on proposed amendments to the General Plan. AMENDMENT TO The City Manager reported on action by the Planning Com- LAND USE ELE- mission taken pursuant to public hearing. The Mayor MENT OF GEN' L inquired if anyone present wished to speak for or against PLAN the proposed amendment. There was no response and the public hearing was closed. RESOLUTION NO. 81-141 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN." was presented. It was moved by Councilman Morris, seconded by Councilman Green, that the resolution be adopted. 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, and Thompson answered the ~""" ro 11 call . I ' Also present were-City Manager Weaver and City Attorney McEwen. SCHEDULED MATTERS It was moved by Councilman Rowe, seconded by Councilman Thompson, and carried, that the minutes of the regular meeting of October 20, 1981 be approved as written. ~-- ROLL CALL: Ayes: Councilmen Noes: None Absent: None Green, Morris, Rowe, Thompson, Byork The Mayor announced that the time had arrived to conduct PUB HEARIN public hearing on proposed amendment of the zoning ordinance PROPOSED to allow on-sale liquor establishments within three hundred ADMENT ON- feet ( 300' ) of residential zones with a conditional use SALE L I pU0 permit. The City Manager reported on action of the Planning WITHIN 300 Commission taken pursuant to public hearing. The Mayor in- OF RESID. quired if anyone present wished to speak in favor of or in ZONES WITH opposition to the proposed amendment. There was no response CUP and the public hearing was closed. An Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ZONING ORDINANCE (ORDINANCE NO. 570) TO ALLOW BONA FIDE RES~TURANTS TO SELL ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION WITHIN THREE HUNDRED FEET (300') OF RESIDENTIALLY ZONED PROPERTIES WITH A CONDITIONAL USE PERMIT." was presented for first reading. It was moved by Councilman Green, seconded by Councilman Thompson, that the ordinance be read by title only and introduced. ROLL CALL: Ayes: Noes: Absent: REGUL~R'MEETING NOVEMBER 3, 1981 Councilmen Green, Morris, Rowe, Thompson, Byork None None NEW BUSINESS The City. Manager recommended that Council approve an agree- APPROVE ment with Los Angeles County for the Maintenance of Traffic AGMT WITHI Signals, Illuminated Street Name Signs, and Lighting Safety. COUNTY FOR It was moved by Councilman Thompson, seconded by .Councilman MAINT. TR Green, and carried, that Council concur with the recommenda- S I GNALS E' tion. ~~~ RES N0. 81-142 RESOLUTION NO. 81-142 entitled: "RESOLUTION OF THE CITY DEMANDS COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFOR." was presented. It was moved by Councilman Green, seconded by Councilman Thompson, that the resolution be adopted. C. ROWE RE Councilman Rowe inquired by what authority six transfers TRANSFERS amounting to $14.0,254 were made from the Water Fund. The FROM WATER City Manager stated that authorization was given by Council FUND when the budget was adopted, and that specific separate charges are .administrative costs which have been authorized. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe,- Thompson, Byork Noes: None Absent: None OLD BUSINESS BIDS FOR The City Manager. reported that two bids were received for LADDER TRUCK ladder truck for street lighting maintenance and recommended FOR STREET that bid award be made to the low bidder, Robinson-Erickson LIGHTING MAINT Ford for $38, 892.67. He further recommended that Council approve the transfer of $892.67 from the Vehicle Replacement Fund to be added to the $38,000 budgeted for the equipment in the Street Lighting Fund. It was moved by Councilman Morris, seconded by Councilman Thompson, that Council concur with the recommendation. Councilman Rowe questioned the expenditure in view of the financial condition of the City and recommended that the purchase be deferred. Councilman Morris stated that the equipment will enhance the operation of the department and provide for better maintenance. Council- man Thompson stated that from the standpoint of safety, the City and employees will benefit. Councilman Rowe reiterated his concern regarding expending momies from the General Fund. The City Manager stated that the purchase will be made from the Street Lighting Maintenance Fund. ROLL CALL: Ayes: Councilmen Green, Morris, Thompson, Byork Noes: Councilman Rowe Absent: None RES N0. 81-143 RESOLUTION NO. 81-143 entitled: "A RESOLUTION OF THE CITY ACCEPTANCE COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE ACCEPTANCE ONE-YEAR CAL- OF A ONE-YEAR CALTRANS SERVICE CONTRACT NO. U-7962 FOR THE TRANS SERVICE PURPOSE OF CONTINUING THE SPECIAL I-105 CORRIDOR SECURITY CONTRACT PATROL AND APPROPRIATING FUNDS THEREFOR." was presented. -105 CORRIDOR It was moved by Councilman Thompson, seconded by Councilman SECURITY PATROL Morris, that the resolution be adopted. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None RES N0. 81-144 RESOLUTION ALL AND PAYMT COUNCIL OF COUNTY A I D TO PAYMENT OF C I T I ES FUNDS SELECT SYS' Councilman resolution NO. 81-144 entitled: "A RESOLUTION OF THE CITY THE CITY OF LYNWOOD REQUESTING AN ALLOCATION AND COUNTY AID TO CITIES FUND FOR THE MAINTENANCE OF PEM STREETS." was presented. It was moved by Morris, seconded by Councilman Green, that the be adopted. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None CALL FOR BIDS The City Manager recommended that Council authorize a Call ROOMS 1, 2 AND for Bids for the carpeting of Rooms 1, 2 and the VIP Room VIP-GATEMAN of Bateman Hall. Funds in the amount of $8,000 are available HALL (~.4 ~., from the Capital Improvement Fund. It was moved by Council- man Green, seconded by Councilman Morris, that Council concur with the recommendation. ROLL CALL: Ayes: Councilmen Noes: Councilman Absent: None '"" CITY CLERK'S AGENDA Green, Morris, Thompson, Byork Rowe A request for permission from annual Candy Sale from Janury presented. A request for permission from Church to conduct annual fund• and 13, 1981, was presented. Camp Fire Girls to conduct REQUEST FR 20 to February 15, 1982 was CAMPFIRE G I ANNUAL CAND SALE Lynwood Seventh-Day Adventist REQUEST 7TH -raising on December 5, 6, 12 DAY ADVENTI FUND RAISER It was moved by Councilman Morris, seconded by Councilman Green, and carried, that the foregoing be approved. INFORMATION ITEMS The City Manager .recommended that the 1980-81 Audit Report D 1 SCUSS l ON be discussed during the mid-year budget review at a Council ANNUAL REPS meeting in December. The City Manager stated that in view IN DEC of the auditor's comments, he has directed the Accounting Manager to institute a cash system until the computer conversion is completed, which. is anticipated to be in February and March of 1982. Councilman Rowe inquired why there has been a high turnover in the Accounting Department, and the City Manager responded there has been a turnover in the entire City and that salaries-and other factors are responsible. Councilman Thompson commented favorably on the auditor's recommendation to convert all City records to the computer. Councilman Morris stated that computer con- version will enhance grant fund reporting and assure com- pliance with regulations. The City Manager requested .Council to approve a Commissioners' DINNER Dinner to be held on December 10, 1981, at Bateman Hall. The FOR CITY cost of the Dinner will be approximately $2,000 and Knotty' COMMISSI0 Berry Farm will be the caterer. The Mayor commended the City DEC 10, ' Commissioners for their efforts in behalf of the City. It was moved by Councilman Thompson, seconded by Councilman Green, and carried that council concur with the recommendation...: The City Manager advised that there will be a public hearing PUB HRG on the I-105 Freeway Agreement for the purpose of receiving FOR I-105 input from citizens. The Mayor requested that the public FWY INPUT hearing be publicized. The City Manager advised that the cable television agreement CABLE AGM' will be submitted to Council at the meeting of November 17, TO COUNCII at which time the formation of the independent non-profit FOR DISC. corporation, the Advisory Committee, and the community access money will be discussed. The City Attorney presented a report in response to a ques- RESPONSE tion raised at the meeting of October 6, 1981, by Dave ATTNY TO Richman, City Treasurer, concerning the practice of paying D. RICHMAI the sum of $100 for actual and necessary expenses of INQUIRY Councilmen. The City Attorney stated that he has reviewed the authorities cited and has done additional research, and that his conclusion is that the authorities do not support Mr. Richman's assertion and that the adoption of Ordinance No. 1103 provides-such legislation. The City Treasurer was requested to make his presentation during Public Oral Communications portionof the Agenda. COUNCIL ORAL COMMUNICATIONS C. Green old Councilman Green asked what could be done about old signs signs on remaining on abandoned businesses on Atlantic and Long abandoned Beach Boulevards. The City Manager stated that staff is businesses in the process of abating the signs, and that an inventory has been made and property owners have been contacted. Councilman Green requested that Council be advised of the signs that are in the process of being removed. C. Green Councilman Green requested that something be done about abandoned car an abandoned car at Fernwood and Atlantic Avenues. The City Manager referred the matter to Code Enforcement. C. Morris re Councilman Morris commented on the Sheriff's Report for Sheriff's re- the Month of October which indicated 598 felony and mis- port for demeanor arrests in the freeway corridor. He requested October that a copy of the report be sent to Judge Pregerson with a letter from the Mayor explaining the problem, and thanking Judge Pregerson for his order directing patrol of the freeway corridor on a 24-hour basis. Councilman Morris commented on the value of the freeway corridor patrol. Vice Mayor The Mayor requested that the Housing Advisory Committee Thompson alt. of the I-105 Freeway Corridor be advised that Vice Mayor to Housing Thompson will be his alternate. Advis Committee The City Manager advised that Mr. William Cunningham has W. Cunningham been appointed Chairman of the Parking and Traffic Commis- Ch T & P Comm sion, and Mr. Darrell Gilbert, Vice .Chairman. The Mayor D. G i 1 Bert commended the commissioners for doing a fine job. V Ch - TAP Comm PUBLIC ORAL COMMUNICATIONS D. Richman Dave Richman, City Treasurer, addressed each councilman, re Ord. 1103 individually, to state that the meeting of October 6, 19°l, illegal and he submitted evidence that Ordinance No. 1103 is improper, improper illegal and in violation of Section 36514.5 of the Calif- ornia Government Code and to request that a motion be made to rescind the ordinance. Mayor Byork stated that the City Attorney has given his opinion. Councilman Green declined to make a motion. Councilman Morris stated that the City, Attorney represents him as a City Councilman. Councilman Thompson stated that the City Attorney has already spoken, Councilman Rowe stated that the $100 received by council- men is for actual and necessary expenses and which are re- ported as legitimate expenses and that if there is a surplus, it is reported for income tax purposes. Mr. Richman stated that according to State law, when the City Councilmen make expenditures of public funds, the expenses must be authenti- cated. He continued that as the official City Treasurer and on behalf of the City of Lynwood, he will incur an obligation in defense of the public funds, and will engage legal authority to collect damages retroactively. Mr. Richman stated he is putting Council on notice that he will obtain legal authority to assist him in recovering improper expenditures taken by Council from public funds and that illegal and improper expenditures are in violation of the Government Code. R. Downs re Robert Downs, 3920 Carlin Avenue, addressed Council to funds to express concern regarding the following: to state that it support Lyn- is a matter of public record that public funds were used to wood Press support the Lynwood Press with ads that were taken out; to deny that the Concerned Citizens of Lynwood endorsed either ~~ Dr. V. James Edner or Proposition "P" as stated in an ad, Dr. Edner October 29, 1981; to inquire if the ladder truck being used Prop "P", is safe or unsafe and to ask whether there have been any ladder trk renovation cost estimates or savings factor; and to inquire Comm Dinne about the approximate cost of the Commissioners' Dinner. Mr. Downs discussed the 1980-81 Audit if the auditing firm has commented on in the past, and if anything has been problems; why-there are delays in pos if staff is doing its job and whether supervisor. Report and inquired: Mr. Downs procedural problems Audi t Repo done to remedy the ling accounting records; the department has a Mr. Downs stated he wished to bring to Council's attention R. Downs the fact that a piece of City equipment, a fire truck, dis- Prop "P" played Proposition "P" banners, which he stated he considers banner unfair to the public. He commented on an article in the Press Telegram which quoted remarks made by Mayor Byork. William Cunningham, 10821 Cornish to state that unless something is the City, particularly elm trees, phe with the rains and flooding. be budgeted exclusively for tree ming be on a year-round basis. Avenue, addressed Council W. Cunning done about the trees in ham re e 1 m there will be a catastro- treet He recommended that funds trimming, and that trim- Al Walker, 10860 Cornish Avenue, addressed Council to urge A. Walker that allegations concerning the misuse of public funds be allegation investigated in view the fact that honorable-men have been public fun accused of violating the State Code. It was moved by Councilman Morris, seconded by Councilman Rowe, and carried, that the meeting be adjourned to November 17, 1981 at 7:30 p.m. _;. L urene Coffey, it Clerk City of Lynwood APPROVED NOVEMBER 17, 1981 ~--- Jo n D. Byork, ayor C ty of Lynwood