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