HomeMy Public PortalAboutM 1981-11-17 - CCK~ E~
REGULAR MEETING NOVEMBER 17, 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 McEwen.
It was moved by Councilman Morris, seconded by Councilman
Green, and carried, that the minutes of the regular meeting
of November 3, 1981, be approved as written.
SCHEDULED MATTERS
Crime Committee The Mayor commended members of the Crime Committee for an
commendation excellent report. Councilman Green concurred and suggested
for report that a special meeting be called for the purpose of discuss-
ing the report with the Committee. He further suggested
that the Crime Committee be made a permanent commission of
the City. It was moved by Councilman Green that Council
call a special meeting and instruct the City Manager to
set a date and, second, that Council accept the report and
express its appreciation to the Committee for its fine work.
Mr. Carl Sherman stated on behalf of the members of the Crime
Committee that the Committee will comment on the report after
it has been studied by Council. Mr. Walter Laney thanked
Council for initiating the Crime Committee. It was moved by
Councilman Green, seconded by Mayor Byork, to accept the
report, to continue the commission and to hold a joint Council/
Crime Committee meeting to study the report. Councilman
Thompson concurred with acceptance of the report, but recom-
mended that appointment of a Crime Commission be postponed
until Council has had an opportunity to discuss report with
the Committee. It was moved by Councilman Thompson to amend
the motion to accept the report, and to recommend Council give
consideration to making the Committee a permanent commission.
It was the consensus of Council that the motion be ordered.
PUBLIC HEARING The Mayor announced that the time had arrived to conduct a
Revised I-105 public hearing on the revised Century Freeway ( I-105 ) Agree-
Century Freewayment. The Mayor inquired if anyone present wished to speak
Agreement in favor of, or in opposition to the proposed agreement.
Deletion of Mr. Bernard Lake, 3584 Century Boulevard, Executive Director
Alameda Off- of the Chamber of Commerce, stated that the Chamber is dismayed
ramp at the deletion of the Alameda off-ramp, and that industry
officials have stated the Alameda off-ramp is .critical to their
business. He requested that the following comments be made part
of the record: General Hoist Corporation stated that the Ala-
meda off-ramp is most important to their business; Jorgensen
Steel Company stated that the company's large rigs would tear
up the streets; Ranger Dye Cast stated it is unthinkable not
not to have the Alameda off-ramp; Universal .Molding stated
that they have 30 trucks and 45 common carriers which would
use the Alameda off-ramp; Cargill Company stated that the
Alameda off-ramp is an absolute necessity for the common
carriers.
Mr. Bill Kolitz stated that the elimination of the Alameda
off-ramp is a detriment to the industrial development of the
Alameda Street area because of lack of accessibility to the
area. Also, the proposed off-ramp at Long Beach Boulevard
would create a very hazardous pattern. He recommended that
the Council strive to have the on-and-off-ramps at Alameda
Street reinstated.
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Mr. Dave M. Richman expressed concern .about the cost of
resurfacing and repairing .the City streets if the Long
Beach Boulevard off-ramp will be the only .one in the City.
He urged Council to consider the fact that with one off-
ramp at Long Beach Boulevard, commercial trucks would be
forced to use Imperial Highway, and other City streets.
Mr. Richman recommended that a strong effort be made to
reinstate the Alameda off-ramp.
Mr. Richard Watson, 3561 Los Flores, stated it would be
more desirable to have an off-ramp at Alameda Street since
it is in the industrial area.
Concern re
Off-ramps on
new I-.105
Century Fwy
Councilman Morris stated for clarification that the City
would like as many off-ramps as possible, but that Caltrans
makes the decisions as to areas in which they will be
located.
Mr. Russell Toth, Economic Resources Corporation, stated
the Company is in favor of an off-ramp at Alameda Street,
and has offered to donate land for the freeway because of
its strategic location.
Mr. John Lucas recommended that an off-ramp be located at
Atlantic Boulevard to eliminate industrial vehicle:traffic.
Mr. Richman urged Council to discuss .the matter of addition-
al off-ramps with Caltrans.
The Mayor stated that the .original plan called for three
off-ramps, and that he considers the Alameda off-ramp to
be extremely important. He further stated that Alameda
Street/Imperial Highway area will be a large industrial
area, and that he is in favor of having the Alameda off-
ramp reinstated.
Councilman Rowe stated that the development of the Alameda
area will be hampered if the City does not get-the off-ramp.
He recommended that .Council fight on the basis of need for
Lynwood's future economic well-being.
Councilman Morris stated he is in favor of pursuing every
avenue possible to see that the on-and-off-ramps. at .Alameda
Street are reinstated as the Alameda off-ramp is conducive
to the expansion of business and to the continuance of
business, and that 85% of the products manufactured in the
industrial area are moved by truck. He recommended that
Council strongly support the Agreement and try to get all
the support possible from the corridor cities who face the
same problem. Councilman Green concurred stating that
Council should sign the Agreement. and negotiate later.
Councilman Thompson stated that he is in favor of signing
the Agreement and negotiating the geometric agreement
inasmuch as construction of the on-and-off-ramps is 5-6
years away.
The Mayor stated he is in favor of Alternative 2, (A) and Mayor favor
(B) of the study dated November 17, 1981. It was moved by Alternative
Councilman Green, seconded by Councilman Thompson, to instruct of Fwy
the Mayor to sign the Freeway Agreement and to include Items 2 Study
(A) and (B) as negotiable items.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
RES. N0. 81-145 RESOLUTION NO. 81-145 entitled: "A RESOLUTION OF THE CITY
NUISANCE OF LYNWOOD DECLARING ITS INTENTION TO CONDUCT A PUBLIC
3262 Louise HEARING TO ASCERTAIN WHETHER A NUISANCE IS BEING MAINTAINED
ON CERTAIN REAL PROPERTY." was presented. (3262 Louise St.)
RES N0. 81-146 RESOLUTION NO. 81-146 entitled: "A RESOLUTION OF THE CITY
NUISANCE OF LYNWOOD DECLARING ITS INTENTION TO CONDUCT A PUBLIC
3589 Mulford HEARING TO ASCERTAIN WHETHER A NUISANCE IS BEING MAINTAINED
ON CERTAIN REAL PROPERTY." was presented. (3589 Mulford Ave.)
RES N0. 81-147 RESOLUTION NO. 81-147 entitled: "A RESOLUTION OF THE CITY
NUISANCE COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO
3200 El Seg- CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER A NUISANCE IS
undo Blvd. BEING MAINTAINED ON CERTAIN REAL PROPERTY." was presented.
(3200 El Segundo Blvd.)
It was moved by Councilman Morris, seconded by Councilman
Green, and carried, that the foregoing resolutions be adopted.
NEW BUSINESS
RES N0. 81-148 RESOLUTION NO. 81-148 entitled: "RESOLUTION OF THE CITY
Judicial ReviewCOUNCIL OF THE CITY OF LYNWOOD MAKING APPLICABLE THE PROVI-
Adm Decisions SIONS OF CODE OF CIVIL PROCEDURE SECTION 1094.6 PROVIDING
FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS." was
presented. It was moved by Councilman Thompson, seconded
by Councilman Green, that the resolution be adopted.
ROLL CALL:.
Ayes:
Noes:
Absent:
Councilmen Green, Morris, Rowe, Thompson, Byork
None
None
RES N0. 81-149 RESOLUTION NO. 81-149 entitled: "A RESOLUTION OF THE CITY
SUPPLIES AND COUNCIL OF LYNWOOD DECLARING CERTAIN SUPPLIES AND EQUIPMENT
EQUIPMENT TO TO BE SURPLUS AND AUTHORIZING AND DIRECTING THE SALE THEREOF."
BE SURPLUS was presented. It was moved by Councilman Green, seconded
by Councilman Thompson, that the resolution be adopted.
ROLL CALL:
Ayes:. Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
RES N0. 81-150 RESOLUTION NO. 81-150 entitled: "RESOLUTION OF THE CITY COUNCIL
DEMANDS OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRE-
11-17-81 SENTED AND ORDERING WARRANTS DRAWN THEREFOR." was presented.
It was moved by Councilman Green, seconded by Councilman
Thompson, that the resolution be adopted. The City Manager
stated that Item No. 4, Page 3, is in error, and recommended
that the item be deleted from the warrant register. Council
concurred with the recommendation.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
OLD BUSINESS
Acceptance The City Manager recommended that Council accept Sewer Line
Sewer Line Extension Century Boulevard Project as being complete in
Ex. Century accordance with the contract documents . It was moved by
Blvd. PROJECT Councilman Thompson, seconded by Councilman Morris, that
Council concur with the recommendation.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
The City Manager recommended that .Council accept Thermo- Acceptance
plastic Pavement Markers Project_as being complete in Thermo-plasti
accordance with the contract document. It was. moved by pavement Mkrs
Councilman Morris, seconded by Councilman Thompson, that project
Council concur with the recommendation.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
The Mayor stated that California Cablesystems, Inc. has
offered the City new options in connection with the cable
television franchise. The City Manager discussed the new
options as compared to the current options and stated that
the new options are (a) increase in the prepaid franchise
fee to $392,100; formerly $52,325; and (b) increase in
the minimum guarantee to the City's non-profit corpora-
tion to $117,630; formerly $57,713. He explained that
in return-for the increase, the City would agree to make
the following changes in the franchise agreement and/or
ordinance: (a) amend the rate section of the ordinance
to provide for a $.75 across-the-board rate increase to
be effective immediately; (b) reduce the amount of the
performance bond to $300,000 and reduce the amount of
the letter of credit to $50_,000; and (c) offset $39,210.
per year for the term of the franchise from the program
origination budget; this is in addition to the offset
already in place. It was moved by .Councilman Thompson,
seconded by Councilman Green, that Council accept the new
proposal as presented by California Cablesystems, Inc. in
letter dated November 13, 1981.
ROLL CALL:
Ayes: Councilmen Green, Morris, Thompson, Byork
Noes: Councilman Rowe
Absent: None
NEW Cable TV
Options on
Franchise
Councilman Thompson stated that with respect to the non- Council over-
profit corporation, it should be Council's obligation to see expenditu
oversee the expenditure of money. re Cable TV
Councilman Thompson commented on the importance. of the
Advisory Committee stating that a cross-section of the
people in the community could advise Council as to how
cable television could best benefit the community.
Importance of
Advisory Comm
re benefittin
the community
Councilman Rowe inquired when Council discussed and approved Formation
the formation of a non-profit corporation by three City non-profit
employees . corporation
Councilman Morris stated that the Advisory Committee would Advise by
advise Council regarding the cable television needs within profit re
the community.. cable TV
The City Attorney stated that the cable television ordi- Decisions o
nance requires an independent non-profit corporation having non-profit
members other than the City Council sitting on it, and that corporation
the decisions of that non-profit corporation are subject
to review and veto or disapproval by the City Council within
a specified period of time.
Councilman Green inquired if Council could designate one of Designation
the commissions as the non-profit corporation, and the City of non-prof
Attorney responded that any number of civic minded individ- corporation
uals could be named to the non-profit corporation. boarder or
members of a particular commission could be named without
creating any potential conflicts.
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Request from Councilman Rowe again requested to know who formed the non-
Councilman profit corporation on April 24, 1981.. The City Attorney
Rowe on form-responded that Lynwood Information, Inc. was formed at the
ation of direction of Council at the time Council authorized publica-
non-proift tion of Lynwood Living in order to qualify for non-profit
corporation status for mailing. Councilman Rowe inquired why the applica-
tion stated that the corporation would take over cable tele-
vision, and the City Attorney responded that when the
corporation was in the initial formation, there was some
thought on the part of staff that the corporation would be
ideal to handle cable television in anticipation of the
ultimate granting of the franchise, but that there was some
misunderstanding regarding procedures, and that the matter
would be cleared up.
Reason for Councilman Rowe asked who authorized the City Attorney to
formation form. the non-profit corporation, and requested that he be
of non-profitshown a minute order. Councilman Morris explained that the
corporation City Council authorized the issuance and publication of
Lynwood Living and that because of the problem of delivery
of Lynwood Living, the non-profit mailing status was required
and, consequently the corporation was formed. The City
Attorney stated he reviewed the files, staff report. and re-
commendations of the October meeting at which Council authori-
zed publication of Lynwood Living, and stated the staff report
pointed out various ways of distributing the newsletter, one
of which was through a non-profit corporation. The City
Attorney stated that the non-profit corporation is formed in
behalf of the City Council,. and that members have absolute
veto by law. Councilman Rowe again inquired who gave the
City Attorney power to proceed.
Who should The Mayor inquired if Council wished to form the Advisory
form the Committee. Councilman Morris stated that if Council chooses
Advisory one of the City .commissions as the Advisory Committee and in-
Committee creases the membership, it might be workable and be outside
of the non-profit corporation in accordance with the ordinance.
Councilman Green recommended that Council appoint the Community
Affairs Commission as the. Advisory Committee, and either form
a non-profit corporation and make them a part or pick members
from within the Commission to be the corporation. Councilman
Thompson recommended that a decision on the matter be deferred
pending further study. Councilman Rowe stated he wished to
_, remind Council and the City Attorney that the charter for the
non-profit corporation was obtained on April 24, and was kept
from the public, and was not prepared by the City Attorney.
Councilman Rowe inquired why the City Attorney proceeded with-
out authorization of the Council. The Mayor stated that
Council would give further consideration to the formation of
an Advisory Committee and the_non-profit corporation, and
authorization to execute cable television agreement.
Approval of It was moved by Councilman Morris, seconded by Councilman
Amendment Green, that Council approve Amendment to Exhibit "C" of contract
with Carter Engineering authorizing the release of the final
final pay payment of $975 in connection with Natatorium Solar Heating
Natatorium Design Project.
Solar Heat
ROLL CALL:
....
Ayes: Councilmen Green, Morris, .Rowe, Thompson, Byork
Noes: None
Absent: None
Call for Bids The City Manager recommended Council approve a call for bids
Picnic shel- on December 15, 1981, for the City Park Picnic Shelters and
ters and Restroom Renovation. It was moved by Councilman Morris,
restrooms seconded by Councilman Rowe, that the Council concur with the
recommendation.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
ORDINANCE NO. 1141 entitled: "AN ORDINANCE OF THE CITY ORD.NO. 11~
COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ZONING ORDINANCE Amending
(ORDINANCE NO. 570) TO ALLOW BONA FIDE .RESTAURANTS TO SELL Zoning Ord
ALCOHOLIC BEVERAGES FOR ON-SITE CONSUMPTION WITHIN THREE Restaurant;
HUNDRED FEET (300' ) OF RESIDENTIALLY ZONED PROPERTIES WITH sell alcoh~
A CONDITIONAL USE PERMIT." was presented. It was moved
by Councilman Morris, seconded by Councilman Green, and
carried, that the ordinance be read by title only and
adopted.
.-..
It was moved by Councilman .Green, seconded by Councilman Approval
_' Thompson, and carried, that renewal of the salvage permit Purple Hea:
for Purple Heart Veterans Rehabilitation Services, Inc. be Salvage Pe:
approved. mit
It was moved by Councilman Morris, seconded and carried, Rummage Sa:
that request from the Lynwood Methodist Church to conduct Lyn Method:
a rummage sale be accepted and filed. It was moved by Chunc~
Councilman Morris, seconded by Councilman Thompson, that
Council approve renewal of Equipment Floater Policy with
settlement provision for full replacement value at an annual
premium of $2,028.
ROLL CALL:
Ayes: Councilmen Green,. Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
INFORMATIONAL ITEMS
The City Manager requested Council to approve the policy of Rental of
renting fire equipment to movie studios by minute order. It fire equip
was the consensus of Council that the policy be approved. to movie
~"^~ studios
The City Manager recommended .that a budget session be held
- to discuss anticipated revenues and expenditures for Fiscal Comments o~
Year 1981-82, and to receive comments from. Council regard- FY 1981-82
ing the budget for Fiscal Year 1982-83. It was the consensus Budget
of Council that an adjourned regular meeting be called on
November 24, 1981, at 2:30 p.m.
COUNCIL ORAL COMMUNICATIONS.
Councilman Morris commended the Fire Chief , and all Fire Commendati~
Personnel for their dedicated interest in supporting Proposi-Fire Chief
tion "P". He stated that the majority of the people within re Prop "P'
the community indicated that they desired paramedics, and
that paramedics are a needed and useful arm of the City.
Councilman Green recommended that Council authorize a
feasibility study for senior citizen housing, and investi-
gate the possibility of federal funding. Councilman Green
requested a report. It was moved by Councilman Green,
seconded by Councilman Morris, and carried, that Council
authorize the City Manager to prepare plans. The Mayor
suggested that staff contact the Housing Advisory Committee
,~._, in this connection. Councilman Morris stated he had re-
' ceived telephone calls from senior citizens about rent in-
I creases:, and recommended that some way be found to help them.
He also recommended that the HUD Housing project be con-
sidered. The Mayor requested that staff also look into
possible locations for senior citizen housing.
Councilman Green requested staff to prepare a report with
respect to the display of the American Flag on holidays.
Feasibilit:
Study seni~
citizen
housing
Displaying
American f:
,. ~
..~
Sheriff's re- Councilman Green commented on the Sheriff's report regarding
port on arrests for prostitution in the area of Carlin Avenue and
prostitution Long Beach Boulevard, and inquired whether the motel in ques-
questioned tion could be declared a public nuisance, and whether the
by C. Green business license could be revoked. He requested that the
City Attorney investigate the possibility of closing the
motel.
Court deci- Councilman Green commented favorably on a recent court deci-
sion for sion which permits cities to countersue for damages in
cities to connection with malicious prosecution, and recommended that
countersue Council consider the possibility of countersuits.
Tree trim- The Mayor commented on the need for tree trimming in the
ming and City. He also noted that the Veterans of Foreign Wars
American flag have offered the City American flags.
PUBLIC ORAL COMMUNICATIONS
Complaint Sybil Rufus addressed Council to complain about a dangerous
intersection intersection at Oakwood and Peach Avenues, and to advise that
Oakwood and at one time there was a "Stop" sign at that corner. The
Peach Aves. Mayor directed the City Manager to take up the matter with
the Engineering Department.
Commendation William Cunningham, 10821 Cornish Avenue, addressed Council
Fire Fighters to commend Fire Fighters for the time and effort supporting
Support Prop Proposition "P". He requested Council to consider placing
"P" the proposition on the ballot again as soon as possible.
R. Downs Robert Downs, 3926 Carlin Avenue, addressed Council to commend
many issues the Mayor on the conduct of the meeting; to state that there
is a large segment of the population with whom Council does
not communicate; to state that the responsibility for the
Advisory Committee should not be given to existing commissions
in view of the fact that some citizens feel that they are
not represented. Mr. Downs inquired why City employees would
be incorporators of a non-profit corporation rather than the
residents. He asked if the non-profit corporation was ordered
and if Council knew about the matter prior to the corporation
being formed. The City Manager stated that the non-profit
corporation was formed by order of the City Council. Mr. Downs
requested a copy of the order and stated it is poor judgment
on the part of Council to involve City employees and poor
judgment to appoint people who do not live in the community.
He complained that Council's attitude of writing off people is
counter productive, and requested that something be done about
the problem.
F. Navratil Frances Navratil, 3686 Cedar Avenue, addressed Council to
re foster complain that 3680 Cedar Avenue which is a single-family dwell-
home use ing is being used for a foster home, and that the neighborhood
is constantly disturbed by incidents, accidents and general
nuisances. She stated that the shrubbery at her home had been
cut, debris thrown in her yard, graffiti, and sprinklers turned
on in the early morning. Mrs. Navratil asked what could be
done about the problem. The Mayor directed the City Manager
to investigate the complaint.
S. Sotello Susanne Sotello, 5401 Pelleur Avenue, addressed Council to ask
Nuisance what could be done about nuisances at 5403 Pelleur Avenue.
J. Lucas J. Lucas, 11638 Louise Avenue, addressed Council to complain
Complaint about cars parked at Cortland and Check Avenues.
Council adjourned to Executive Session at 9:55 p.m.
Following the Executive Session, the meeting was reconvened.
r
It was moved by Councilman Morris, seconded.and carried,
that Council approve payment of $10,000 in liability claim
in the case of Brandon vs. City of Lynwood.
ROLL CALL:
Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
Approval of
$10,000 lia
bility clai
Brandon vs
City
The Mayor requested Councilmen Thompson and Morris to nego- Salary nego
tiate salary with the City Manager and report back to tiation for
Council. City Manage
Council adjourned to November 24, 1981, at 2:30 p.m.
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L ne Coffey, City erk
City of Lynwood
APPROVED DECEMBER 1, 1981
~2~'~
o D. B ork, M yor
City of L nwood