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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. , ,~ . ,. 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. `~ 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. ~_~ G ~~ L ne Coffey, City erk City of Lynwood APPROVED DECEMBER 1, 1981 ~2~'~ o D. B ork, M yor City of L nwood