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HomeMy Public PortalAboutM 1981-12-01 - CC~} REGULAR MEETING DECEMBER 1, 1981 The City Council of the City of Lynwood met in a regular session in the City Hall, 11330 Bu11is Road, on above date at 7:30 p.m. Mayor Byork in the chair. Councilman 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 Rowe, seconded by Councilman Green, that the .minutes of the regular meeting of November 17, 1981, be approved as written. SCHEDULED MATTERS The Mayor announced the time had. arrived to conduct a public hearing on proposed abatement of nuisance at 3200 El Segundo Boulevard. The City Attorney advised that notices of the public hearing were mailed to the property owner on November l8, 1981, and that the property was posted in accordance with the Code. Mr. Richard Stiles, Code Enforce- ment Officer, identified the property and testified that the slides shown accurately depict the condition of the premises as of this date, and that in his .professional opinion, they constitute a nuisance within the meaning of the Lynwood City Code. The Mayor inquired if anyone present wished. to speak in favor of or in opposition to the proposed abatement. There ~'" was no response and the public hearing was closed. RESOLUTION NO. 81-152 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN PROPERTY GENERALLY KNOWN AS 3200 EL SEGUNDO BOULEVARD AND DIRECTING THE .ABATEMENT THEREOF." was presented. It was moved by Councilman Morris, seconded by Councilman Thompson, that the resolution be adopted. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None The Mayor announced that the time had arrived to conduct public hearing on proposed abatement of nuisance at 3262 Louise Street. The City Attorney advised that notices of the public hearing were mailed to the property owner and that the property was posted on November 18, 1981, in accordance with the Code. Mr. Richard Stiles, Code Enforce- ment Officer, identified the property and testified that the slides shown accurately depict the condition of the premises as of this date, and that in his professional ,,..,, opinion, they constitute a nuisance within: the meaning of the Lynwood City Code. The Mayor inquired if anyone present wished to speak for or against the proposed abate- ment. The Mayor inquired if the owner of the property is aware of the fact that the apartment in the garage is illegal. Mr. Rigoberto Gomez, speaking through an intepreter, stated that when he bought the property 'he misunderstood informa- tion received from the seller of the property; that he has not had any income from the property, and that it is in the same condition as it was when he purchased it. Mr. Gomez further stated that there is a family living in the garage RES N0. 81-153 Nuisance at 3262 Louise and that the seller of the property did not disclose the fact that the apartment was illegal. Mr. Stiles stated that the owner, Mr. Gomez, put in sewer lines to hook-up the sinks. Councilman Green requested that for clarification the property owner be asked if he did any of the work. Mr. Gomez stated that when he purchased the house there were some lines going through to the garage and that he finished up what someone else had started. Councilman Green stated that Mr. Gomez's testimony was that he did not do any of the work. ..~ Mr. Gomez stated he was unhappy that pictures were taken of the property. Councilman Morris stated that the prop- erty is in an R-1 Zone and that a garage conversion to living quarters is not in compliance with the Code. There being no others wishi-ng to speak, the public hearing was closed. RESOLUTION NO. 81-153 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMIN- ING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN PROPERTY GENERALLY KNOWN AS 3262 LOUISE AND DIRECTING THE ABATEMENT THEREOF." was presented. It was moved `by Councilman Morris, seconded by Councilman Thompson, that the resolution be adopted. ROLL CALL: Ayes: Councilman Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None Mr, Gomez requested Council to allow him 60-90 days to abate the nuisance. The City Attorney advised that 30 days is the minimum time period and that staff will inspect the property at that time to make sure that the work is progress- ing in an orderly fashion. Mr. Gomez stated he understood the action taken by Council. PUBLIC HEARING The Mayor announced the time had arrived for a public hear- 3589 Mulford ing on proposed abatement of nuisance at 3589 Mulford Avenue. The City Attorney advised that notice of public hearing was mailed to the owner of the property on November 18, 1981, and that the property was .posted in accordance with the Code. Mr, Richard Stiles, Code Enforcement Officer, identified the property and testified that the slides shown accurately depict the condition of the premises as of this date and that in his professional opinion, they constitute a nuisance within the meaning of the Lynwood City Code. The Mayor inquired if anyone present wished to speak in favor of or in opposition to the proposed abatement. Mr. Charles Sadler, owner of the property, addressed Council in opposition to the abatement, and apologized for the condition of the property. He explained how the items had accumulated over a period of years and what his plans are for disposing of the items. The Mayor asked Mr. Sadler if he could accomplish the removal in 30 days and Mr. Sadler requested 90 days. The Mayor inquired if anyone else wished to speak. There was no response and RES N0. 81-154 the public hearing was closed, RESOLUTION NO. 81-154 entitled: Nuisance "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMINING THAT A NUISANCE IS BEING MAINTAINED ON CERTAIN PROPERTY GENERALLY KNOWN AS 3589 MULFORD AND DIRECT- ING THE ABATEMENT THEREOF." was presented. It was moved by Councilman Green, seconded by Councilman Morris, that Mr. Sadler be given 60 days to abate the nuisance with a continuance if necessary. The City Attorney advised that the resolution pro- vides for 30 days with the understanding that if the property owner makes progress, he would be given an extension. Council- man Green withdrew his motion, Councilman Morris withdrew his. second, and the motion was amended to adopt the resolution as presented. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None `x RESOLUTION N0. 81-155 entitled: "A RESOLUTION OF THE CITY RES. N0. OF LYNWOOD DECLARING ITS INTENTION TO CONDUCT A PUBLIC 81-155 HEARING TO ASCERTAIN WHETHER A NUISANCE IS BEING MAINTAINED Nuisance at ON CERTAIN REAL PROPERTY . " (12 52 5 Atlantic Avenue ) was 12525 Atlan presented. It was moved by Councilman Thompson, seconded by Councilman Green, and carried, that the resolution be adopted. RESOLUTION sue. OF LYNWOOD HEARING TO ON CERTAIN presented. NO. 81-156 entitled: "A RESOLUTION. OF THE CITY RES. N0. DECLARING ITS INTENTION TO CONDUCT A PUBLIC 81-156 ASCERTAIN WHETHER A NUISANCE IS BEING MAINTAINED Nuisance REAL PROPERTY." (12501 Atlantic Avenue) was 12501 Atlan The City Attorney recommended that the date for public hear- Set date ing for Resolution No. 81-155 and Resolution No. 81-156 be for public set for January 5, 1982. It was moved by Councilman Green, hearing re- seconded by Councilman Thompson, and carried, that Council solutions concur with the recommendation and that the resolution be adopted. The Mayor announced that nominations were open for one Vacancy on vacancy on the Planning Commission and one vacancy on the Planning Co. Community Affairs Commission. The Mayor nominated Mrs. Bette Vacancy o Espeseth for reappointment to the .Community Affairs Commis- Comm Affair sion; Councilman Green nominated Chris Hodge for the Commission vacancy on the Planning Commission. It was moved by Councilman .Green, seconded by Councilman Thompson, that Council approve Subordination `Agreement for a $5,000 Deferred Payment Loan provided by the City's Re- habilitaiton Program. ROLL CALL: r"" Ayes: Councilmen Green,. Morris, Rowe, Thompson, Byork Noes: None Absent: None The Mayor stated two proposals .were received for Property Rehabilitation Loan Agreement and staff has recommended that Council approve agreement with Bank of America, and that Council authorize termination of Agreement with Security Pacif is National Bank. RESOLUTION NO. 81-157 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AND AUTHORIZING EXECUTION OF A COMMERCIAL AND RESIDENTIAL PROPERTY REHABILITATION_LOAN AGREEMENT COM- PREHENSIVE FORM BETWEEN THE CITY OF LYNWOOD AND THE BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION." was presented. It was moved by Councilman Thompson, seconded by Councilman Morris, that Council concur with the recom- mendation. ROLL CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None Approval of Def Payment Loan - Sub- ordination Agreement Approval of B of A Agre ment for Pr Rehab Loan Agreement RESOLUTION NO. 81-158 entitled: "RESOLUTION OF THE CITY RES. N0. COUNCIL OF THE CITY OF LYNWOOD ALLOWING .AND APPROVING THE 81-158 .-~ DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREOF . " was DEMANDS i presented. It was moved by Councilman Thompson, seconded 12-1-81 by Councilman Green, that the resolution be adopted. ROLL. CALL: Ayes: Councilmen Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None OLD BUSINESS It was moved by Councilman Morris, seconded by Councilman ,`°' ~a Green, and carried, that Item 15 relative to Hazard Elimina- tion Safety Project/Traffic Signal Upgrade and Interconnect !,r Jr,. Project, various locations FY 1981-82 be deleted from the Agenda. RES. N0. 81-159RESOLUTION NO. 81-159 entitled: "A RESOLUTION OF THE Assessing cost CITY COUNCIL OF THE CITY OF LYNWOOD ASSESSING THE COST OF of Abatement ABATEMENT AT 3540 VIRGINIA AVENUE (ASSESSOR.' S PARCEL 3540 Virginia NO. 8175 016-011) " 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 BIDS received The Mayor stated that seven bids were received for the Tennis Court Tennis Court Lighting Project and that staff has recommended Lighting Proj . that the bid be awarded to the Raymor Electric Company in the amount of $85,989. It was moved by Councilman Thompson, seconded by Councilman Gree}, that Council concur with the recommendation. ROLL CALL: Ayes: Councilmen Green, Morris,. Rowe, Thompson, Byork Noes: None Absent: None CITY CLERK'S AGENDA REQUEST C of C A request from the Lynwood Chamber of Commerce for permission Annual Circus to hold an annual circus from March 1-4, 1982, and to waive March 1-4, business license fee was presented. It was moved by Councilman 1982 Norris, seconded by Counci]mzn Rowe, that Council concur with recxmmendation. ROLL CALL: Ayes: Councilman Green, Morris, Rowe, Thompson, Byork Noes: None Absent: None Christmas Tree An application for a special permit to conduct Christmas Tree sales 12020 sales at 12020 Long .Beach Boulevard was presented. It was LongBeach Blvd moved by Councilman Green, seconded by Councilman Thompson, and carried, that the special permit be approved. COUNCIL ORAL COMMUNICATIONS. Comment by Councilman Morris commented on notification from the Registrar Councilman of Voters regarding SB 230 which allows cities to consoli- Morris SB 230 date their election in odd-numbered years with the School re elections District Elections. Councilman Morris stated that the City could possibly realize a savings in expenditures by consolidat- ing the General Municipal Election with the School District Election, and recommended that Council give the matter considera- tion. Councilman Rowe noted that with consolidation the next City Election would be November, 1983. Councilman Morris stated that the .request to consolidate must be submitted to the Board of Supervisors. Attny speaks The City Attorney stated that SB 230 authorizes the City re SB 230 Council to change the .date of the Municipal Election to con- solidate with the Primary Election held in June, the General Election held in November, or the School District Election which is held in November in odd-number years. The County of Los Angeles has taken the position that if the City Council wishes to change the date of the General Municipal Election, the only date the Board of Supervisors will approve is consolidation with the School District Election. Comments by Councilman Rowe asked for a study on cost savings. Council- Councilman Roweman Thompson commented on the need for a decision at the ost savings earliest possible moment. Councilman Morris requested that sion the item be on the next agenda for Council action. L` ar- r~ c Councilman Rowe stated he wished to clarify a matter Councilman discussed at the last Council meeting regarding the non- Rowe re non- profit corporation, Lynwood Information, Inc., formed profit corp. in April by three City employees. .Councilman Rowe stated that at the last meeting, the City Attorney stated that the non-profit corporation was formed solely for the purpose of taking over the City Newsletter, Lynwood Living, and public information in general. Councilman Rowe stated that the non-profit corporation was formed also to take over cable television contract. He noted that the State- ment of the Non-Profit Corporation consists of three in- corporators and three directors: Mr. Jim Weaver is Chief Executive Officer, Leo Sopicki is Secretary, and Mr. Charles Gomez is Chief Financial Officer, according to the applica- tion submitted to the Secretary of State on April 24, 1981. Councilman Rowe quoted Article III of the Articles. of Incor- poration: "This Corporation is organized under the direction of a group of public-spirited citizens." Councilman Rowe stated the latter are not identified.. Councilman Rowe stated that the last issue of Lynwood Living did not conform to Article IV. The By-Laws of the Corporation state that: "There shall be By-laws of only one class of membership which shall consist of not more Corporatio than three members." Councilman Rowe stated that the Franchise Tax Board application for tax-exemption carried the statement: "The Corporation will. receive most of its assets from the City of Lynwood." In answer to question 7B which has to do with the primary Primary ac activity of the organization: "Management of the use of ivity of public access channels and community access channels of corporatio cable television systems." The application to the Internal Revenue Service for tax exemption states: "The Corporation's financial support will come entirely from the City of Lynwood;" whereas the Franchise Tax Board application states: "The Corpora- tion will receive most of .its assets from the City of Lynwood." Councilman Rowe stated that financial data sub- mitted to the IRS for tax exemption listed $15,140 for receipts, and $15,140 for expenditures, leaving a zero balance. Councilman Rowe stated that $15,140 is listed as a gift but lists another $6,000 furnished by the government agency which presumably is the City. He asked why it is necessary to form a non-profit corporation to save 50-60% on postage and what logic there is for a non-profit agency. Council- man Rowe asked why the non-profit corporation was. not authorized by the City Council at a public meeting, and why it was kept from 'the public for six montYis. Councilman Morris stated .that non-profit corporation was formed to conform to the legal requirements. Applicatio for tax ex- empt status Items liste in corporat papers Councilman Green asked if the minutes of the meeting reflect Councilma Council approval of the non-profit organization. Councilman Green in- Rowe stated that approval does not .appear in the minutes. quiry re The City Attorney stated that he will give Council a complete non-profi report on how Lynwood Information, Inc., came into being. corporati Councilman Rowe asked why the City Council is not the non- profit corporation, and why it is necessary to have three employees take over certain management. Councilman Green commented favorably on the removal of the bookstore on Atlantic Boulevard, and complimented the City Attorney, City Manager and staff. Councilman Thompson recommended that with the approach of the holiday season, all join together for the good of the community. Removal o bookstore on Atlant Recommendat Council Tho ~,,/~ ~ r 1~ %' ; y1 ~_: ~' RES N0. 81-160 RESOLUTION NO. 81-160 entitled: "A RESOLUTION OF THE URGING CALTRANSCITY COUNCIL OF THE CITY OF LYNWOOD URGING CALTRANS AND TO REINSTATE THE GOVERNOR OF CALIFORNIA TO SEEK TO HAVE THE ALAMEDA ALAMEDA OFF- INTERCHANGE REINSTATED IN THE NEW I-105 FREEWAY PLAN. " RAMP was presented. It was moved by Councilman Morris, seconded by Councilman Rowe, and carried, that the re- solution be adopted. Displaying of The Mayor requested that staff be instructed to display American flag the American Flag on certain holidays. Recreation Director Snavely recommended Flag Day, Memorial Day, Labor Day, Veterans Day, and the Fourth of July, It was moved by Councilman Green, seconded by Councilman Thompson, that Council authorize staff to display the American Flag on the above-mentioned dates. ROLL CALL: Ayes: Councilmen Green,. Morris, Rowe, Thompson, Byork Noes: None Absent: None S.T.O.C.K. The Mayor read a memorandum to the City Council and the Program Citizens of the City of Lynwood regarding a program to be called Service To Our Community is the Key (S.T.O.C.K.). The Mayor stated that the purpose of the program is to mobilize the talents of residents and employees to make City government operate more efficiently, and to make Lynwood a more desirable place to live. Councilman Morris commented on the value of the program. It was the consensus of Council that the S.T.O.C.K. Program be approved. PUBLIC ORAL COMMUNICATIONS Repairs to Beverly Hopkins, .11792 Pope Avenue, addressed Council to Recreation inquire why the Recreation Department roof had not been re- Dept roof paired in view of a budget allocation for that purpose. The Recreation Director stated that the City will be going out to bid for the project. Christmas Bernard Lake, Lynwood Chamber of Commerce, addressed Council Program to state that the annual Christmas Program will be held on December 8, 1981, at St. Francis Medical Center Auditorium. Council adjourned to Executive Session for discussion of Personnel matters. Resignation Following the Executive Session the meeting was reconvened. 1. Weaver as The Mayor announced that the City Manager submitted his City Manager Letter of Resignation effective December 31, 1981. It was moved by Councilman Green, seconded by Councilman Morris, and carried, that the Letter of Resignation be accepted with regrets. It was moved by Councilman Thompson, seconded by Councilman Green, and carried, that the meeting be adjourned to December 15, 1981 at 7:30 p.m, L ene Coffey, C•ty Clerk CITY OF LYNWOOD APPROVED DECEMBER 15, 1981 J hn D. Byork, ayor ITY OF LYNWOOD