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HomeMy Public PortalAboutM 1970-05-19 - CCi7 REGULAR MEETING MAY 19, 1970 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 Green in the chair. Councilmen Byork, Green, Liewer, Siokos, Stevens answered the roll call. It was moved by Councilman Byork, seconded by Councilman Liewer, and carried, that the minutes of the regular meeting of May 5, 1970, be approved as written. RESOLUTION N0. 70-35 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFOR," was presented. It taas moved by Councilman Siokos, seconded by Councilman Stevens, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. PUBLIC HEARINGS The hour of 7:30 p.m. having arrived, said hour being the time fixed for public hearing on the abatement of Housing Code violations at 3937-39 Carlin .Avenue (portion of Lot 6, J. J. Bullis Tract), the Mayor requested information concerning the subject hearing. r-7 The Chief Building Inspector, Mr. Jack DeJong, presented a report describing the Housing Code violations ~ at said address and his depa.rtment's efforts to have the violations corrected. He concluded his report by stating that if at the conclusion of the hearing, the Council finds that the violations should be abated, it would be in order to adopt an appropriate resolution. Mr. DeJong presented photographs of the structures for the Council's consideration and a file containing the record of inspections, correspondence with the owner of the property, affidavits of required notice having been made, and other pertinent material. The Mayor inquired if the owner, mortgagee, or beneficiary wished to speak on the matter. Mr. Dick DeWitt, Box H, South Gate, owner of the property, addressed the Council to inquire what law he is violating and to inform the Council that the Health Department informed him there was no health violation. In response to inquiries from the Council, he said he has owned theproperty since the first of the year; that there has been breakage and vandalism and a fire. That because of other problems he has done nothing and he did not know at this time what his plans are for the future use of the property. He said he believed his rights might be in ,jeopardy and requested that he be given time to defend himself, and that his understanding is that as long as no one is living in the building, no law is being violated. a In response to a question from~the Council, the City Manager explained that the sewer trunk line is located on the south side of Carlin Avenue and does not extend Res. 70-35 Demands Hearing - Housing Code violations - 3937-39 Carlin (Por. Lt. 6, J. J. Bullis T. _: ~1 ~ to Mr. DeWitt's property; that before a connection could be made the trunk line woui_d need modification because of the grade. Information from the Building Department file concerning prior notice of the hearing and the specific violations were called to Mr. De Witt's attention. He again expressed the view that as long as the buildings are not in use no violation exists and asked what law is being violated. Mr. DeJong summarized the specific violations. Mr. DeWitt said he was aware of what has to be done and asked if a six foot fence around the property would not solve the problem. M.r. Jerry Wilbur, 198 W, Harcourt, Long Beach, addressed the Council, stating that he is a real estate appraiser and an attorney, although not Mr. DeWitt's attorney. He said he was familiar with the property and with construction and that the rear building, built of reinforced concrete, has valued Amon; his remarks he stated that the building code is to protect the public and as .long as the property is not being occupied, Mr. DeWitt is creating no danger; that at Lhis point the owner does not know what his best course of action is, and that from a public safety standpoint, the proposed six foot fence would be the answer The Mayor inquired if there were any others wishing to speak. As there was no response, he declared the hearing closed. Res. 70-36 - RESOLUTION N0. 70-36 entitled: "RESOL~UTTON OF THE Declaring CITY GOUNC:IL THAT BUILDINGS ARE SUBSTANDARD AND certain CONSTITUTE A PUBLIC NUISANCE AND DIRECTING THE structures OWNER TO RECONSTRUCT, OR PROPERLY REPAIR SAID public nuisance BUILDINGS OR REMOVE THE SAME WITHIN THIRTY DAYS 3937-39 Carlin FROM THE DATE A COPY OF THIS RESOLUTION IS POSTED UPON SAID BUILDINGS, AND AUTHORIZING THE BUILDING OFFICIAL TO REMOVE OR RAZE SAID BUTLDINGS SHOULD THE OWNER NOT COMPLY," was presented. It was moved by Councilman Byork, seconded by Councilman Stevens, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Green, L~.ewer, Siokos, Stevens. Noes: None. Absent: None. Hearing - The hour of 7:30 p.m. having arrived, said hour being Freeway the time fixed for public hearing on the approval of agreement the freeway agreement between the City of Lynwood and the State of California for Route 105 (Century Freeway) between the city limit at Mona Boulevard and the city limit near Route 7 (.Long Beach F.reeway), pursuant to the requirements of Division 1, Chapter 1, Article 3, Section 100.22, Streets and Highways Code of the State of California, the Mayor announced that because of the over-crowded condition of the Council Chamber, the meeting would be adjourned to Room 2 in Bateman Hall. Res. 70-37 RESOLUTION N0. 70-37 entitled: "RESOLUTION OF THE Adjourning to CITY COUNCIL OF THE CITY GF LYNWOOD ADJOURNING THE Bateman Hall MAY 19, 1970, REGULAR MEETING OF THE CITY COUNCIL TO BATEMAN HALL, 11331 ERNESTINE AVENUE, LYNWOOD, CALIFORNIA," was presented. It was moved by Council- man Stevens, seconded by Co~ncilmar~ Liewer, that said resolution be adopted. l9 Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: Nane. Absent: None. The meeting was called to order in Room 2 of Bateman Hearing - Hall, and the Mayar an nounced there would be no freeway discussion of routing of the freeway; that the hearing agreement concerned the freeway agreement only, and that all wishing to do so would have an opportunity to speak and questions would be answered by Divisio , n of Highway representatives. ~ The City Manager explained that the hearing deals with the freeway since establishment of" the route, Pursuant to law a hearing is required on Route 105; that Route 7 does not require a public hearing. He described the agreement as a document which gives the State of California authority to alter the street circulation pattern in accordance with the drawings accompanying the agreement (Exhibit A). It will. permit the State to come into Lynwood and construct the freeway, close or relocate streets, construct frontage and other local roads, and do other things necessary because of the freeway construction. Mayor Green introduced the f'ol.lowing .representatives from the State Division of Highways: T. R. Lammers, Deputy District Engineer; Dan Goble, District Design Engineer; Ken Kellam, Project Engineer, Route 7; Frank Lew, Project Engineer, Raute 105; Ed Raw ins, SerYior Right of Way Agent and Gayao.rd Wilson, Graph~.c Arts Department. Slides picturing the 105 freeway route through Lynwood were projected and explained in detail, and the hearing was opened. for questions from the audience. Mrs. Edith Foutz, 11.552 Lewis Street, was informed that the freeway would be on fill from Long Beach Boulevard east, and that only a portion of Lewis Street would be t aken . Mr. Philip Burkemyer asked what is being done about relocating families and spoke of the appraisal given the Till property at 1.1711 Viet a. Mr. Rawlins informed him that there is a relocation assistance program and suggested that he discuss the Till property with him following the hearing. Mr. Burkemyer also commented on the large number of people who have moved into a house rented or leased by the State subsequent to acquisition far the freeway . Councilman Siokas inquired if there were any priorities as to whom the State might rent in the case of properties acquired for hardship reasons. He was inf"o.rmed there were no priorities. '~' Mrs. Joseph Mraz, 1.1671 Vieta, described the home and ',1 rental they had built sixteen years ago in planning for '~ their retirement, and expressed dissatisfaction with the first appraisal given them. She also complained of the large number of people living in the house already acquired by the State. Mrs. Mraz was infarmed that she would be paid the fair market value of her property; also that the State has a provision whereby supplemental payments can be made to assist in finding property, up to the amount ~Lr U Hearing - of $5,000. If still dissatisfied with the State freeway appraisal, she would have the alternative of having her agreement own appraisal made and the State would attempt to work with her and her appraiser. The Mayor asked if, after the agreement is signed, the City could negotiate with the State as to how rentals and leases would be handled. He was informed that as landlords, the State has to comply with city codes and cannot discriminate in renting, The .intent is to rent only to the original owners following signing of the • agreement, and property cannot be cl.ea:red until the agreement is signed. In response to a question from Mr. Edward Pacheco, 11208 State Street, the City Managerr said that Mr. Lammers indicates that renting only to the original owners is a policy of the Division of Highways and would be of"fec°tive once the freeway agreement is signed. Councilman Byork expressed ttie opinion that all. structures vacated by the owners should be demolished or removed as soon as possible after acquisition by the State. P/Ir. ~Toseph Spellno, 561.6 ;;lark Street, was informed that his property would be involved in the .Long Beach Freeway, which will be the t"first: contx^act, projected fo.r 1..972. Follow=ng signing of the agreements appraisal and purchase will stair.'t, with those properties located in the central portion of the freeway being acquired earlier than those on the outer. fr°inges of the freeway. Mr. Paul. Mande l.l..a, owner of pr,:~pe.rty at ii'ernwood and T~ew.s Street, including a bus.n.ess a.t that location urged early signing of the agreement, and asked when his property would be taken. The Mayor informed him that the nearing was a pre- requ.is~_te to signing the agreement, and Mr. Lammers said the State cannot act until t•he agreement is signed and that the State prefers tca acquire business properties fi~'st:. Mr. Ha.:r°ris, 4112 Louise, said he has been unable to get a firm answer as to how much of° his property will be taken and what Yrappens if only a portion is taken. Mr. Lammers said sometimes the requirements are subject; to change as to the precise design. The pass~.bility of having a represent1ative in Lynwood to answer questions was d:iescussed with Mr. Lammers, who said the Sr, at-e might be able to work something out. Removal.. of° tenants from apartment houses acquired b,y the State was questioned and Mr. Lammers said the tenants may remain there; when they have all moved out the State will remove the building. He also stated that a portion of the rents collected by the State is returned to the local agency. Robert Knox, 11.1.61 Vieta, and Marilyn Tiner, 11708 Vieta, also questioned the occupancy of the Vieta property by a large number of people, and Mr. Rawlins said he did not know what kind of agreement the State has with them; that after signing the agreement, they would be given a reasonable time to vacate and the State has no control over the number of pe?~"sons in. the house unless ~i it violates city laws. The City Attorney said there was no local control unless it is a health menace. Mr. Rawlins was asked about time limits on moving and he said that following prior negotiations it would be fifteen days following close of escrow. The total time would never be less than six months, and earlier in the acquisition a property owne:~° might have one to two and a half years. Jack Graves, 11720 Vieta, asked if the Council has a date in mind for signing the agreement. The Mayor said there are certain things to be negotiated with the State, but that he didn't think it would be long. Marianne Robinson, 1.172y Fourth Avenue, was informed that rents charged a:re market va7.ue, and that she would be notified ahead of time and an appointment made by the appraiser. Wade Cline, 11720 Fourth Avenue, asked ~f" he made improvements to his home would he have three to four years to benefit from therrl. die was told probably up to three years, but was cautioned to make improvements that add value to the property, otherwise the State might not be able to pay .for them, and to keep his bills to give them something to refer to. He was also told that appraisals are teased an ether sales occur.ing in the rnarket place. Mr. Al.l.en Witter, owner of commercial property at !""~ 3237 Mulford, asked if it is necessary to block off ~ access to Mulford west of .Gong Beach Boulevard. He was informed that if the buildings are to remain, the access will. remain; that if there iu a need for business frontage, pedestrian s.ccess will still be available. Edward Pacheco, 11208 State Street, asked what affect the freeway wil:1 have on 'the Beechwoc.~d and State Street intersection, and was told there would be no change in that location. Mrs. Ponzi, 11.328 State Street, asked why e,n of'f and on ramp was needed at State Street, and i.~, it be cause of the proposed shopping center. The Manager explained that this was determined as the result of a traffic study; theft it is the city's intention to develop Santa Fe Avenue as a major street as proposed in the County and city master plan of streets. A resident from 11825 Phillips was informed that the freeway would go through her property in about two years. ~ Mr. Jerry Rokos, 12217 Bul11s Road, asked if the ;~ statements concerning vacated property wou7_d be part of the written agreement with the State, expressing concern because of the problems resulting from not clearing property when Land was acquired far the Artesia freeway. He was assured that a s:imis,r situation would not occur in the City of Lynwood; chat no agreement is needed as this is now a matter of. State policy, and it cannot be included in the agreement; because the State law Hearing - freeway agreement ,. G ~!r Hearing - freeway agreement specifies what the agreement can include. Mr. Rokos questioned improvement to be made on Long Beach Boulevard, and was informed precise improvements are not known at this Y,ime~ Mrs. Marge Saling, 3601 Lynwood Road, described her home and rental property and asked if they would be left with only the home. She was told the State would appraise the entire property and if it was her desire to retain the residence it could be worked out. She asked if the State would buy all the property and was told the State probably would. Mrs. Sullivan, owner of the property at 2.71y Fernwood Avenue, was told that location was not in the freeway acquisition but it might be involved in the Santa Fe Avenue acquisition. A representative of St. Paul's Church at Fernwood and Bullis asked about alignment of streets adjacent to the church and school. Construction of the freeway on viaducts on the west and east of Wright Road was di;~cussed with Councilman Siokos pointing out the importance of retaining all land possible on the tax rolls and for various uses. Mr. Lammers said viaduct instead of enbankment construction would require study, and it would be about September before a study could be completed. All members of the Council expressed strong opposition to loss of land because of fill construction. Councilman Liewer asked if there was any way landscaping could be included in the agreement. Mr°. hammers expressed understanding of his concern about ~_~.nc~scaping but was unable to give more assurance that .landscaping will be done within a year after completion of the freeway. The Mayor inquired if there were any others wishing to be heard. As there was no .response, the Mayor declared the riearing closed. At the close of the hearing on the freeway agreement many people remained to discuss individual problems with the State Division cf Highway representatives, and the Council returned to the City Hall Council Chambers where the meeting was called to order. ORDINANCES AND RESOLUTIONS Ord. first read An Ordinance entitled: "AN ORDINANCE OF THE CITY OF Wrecking yards LYNWOOD AMENDING SECTION 11.01 OF ORDINANCE N0. 570 & fences TO MAKE AUTOMOBILE WRECKING A PERMITTED USE IN AN M-2 ZONE AND PROVIDING SAID WRECKING YARD BE ENCLOSED BY A FENCE EIGHT FEET IN H~;IGHT." was presented for first reading. It was moved by Councilman Byork, seconded by Councilman Stevens, and carried, that further reading be waived. It was moved by Councilman Liewer, seconded by Council- man Stevens, that said ordinance be accepted as read for the first time and passed to the second reading. The possibility of eliminating wrecking yards as permitted uses in the city was discussed, and the City Attorney was requested to investigate the matter. e~ Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. An ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING THE FOLLOWING SECTIONS OF THE LYNWOOD CITY CODE: SECTIONS 15.2, 15.6, 15.7, 15.12, 15.20, and 15.23 PERTAINING TO THE COLLECTION AND DISPOSAL OF RUBBISH AND GARBAGE AND REPEALING SECTIONS 15.26, 15.27 and 15.28," was presented for first reading. The City Manager explained that the ordinance is necessary in order to bring the code reauirements and the provisions of the proposed rubbish hauling agreement into conformity. It was moved by Councilman Liewer, seconded by Councilman Siokos, and carried, that further reading be waived. It was moved by Councilman Siokos, seconded by Council- man Liewer, that said ordinance be accepted as read for the first time and passed to the second reading. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. WRITTEN COMMUNICATIONS A letter from Mr. Morris Hirsch, 10000 Capistrano, requesting that the alley between Long Beach Boulevard and Capistrano and Wisconsin and Tweedy be swept was read. It was moved by Councilman Siokos, seconded by Councilman Liewer, and carried, that the letter be accepted and filed. The City Manager said he would investigate Mr. Hirsch's complaint. REPORTS AND REQUESTS The application of Daniel J. Mohoff for a special permit to conduct rubbish hauling business was presented. The application was accompanied by the Police department investigative report which indicated there was no reason the permit should not be granted. It was moved by Councilman Stevens, seconded by Councilman Liewer, and carried, that the application of Daniel J. Mohoff for a special permit for rubbish hauling be approved. The City Manager presented the requests of Clarence Seeden, Water Department, and David Boos, Street Department, for two week leaves of absence without pay. The request have been reviewed by the Public Works Director who has indicated that the leaves would not interfere substantially with the ability of the street and water departments to carry on their functions. It was recommended that the Council grant the leaves requested by Mr. Seeden and Mr. Boos. It was moved by Councilman Liewer, seconded by Councilman Stevens, and carried, that the requested leaves of` absence be granted. Ord. first rE Trash hauling Letter re all between L.B.B Capistrano, Wisconsin & Tweedy. Daniel J. Mohoff - trasl hauling permil granted Leaves of absence grants C. Seeden & D. Boos For the Council's information, the City Manager Report on P.C. reported that at its meeting of May 12, 1870, the meeting of Planning Commission took formal action to schedule May 12, 1970 public hearings for the proposed rezoning of 2g parcels of land in Study Area 1 lying ad,~acent to Long Beach ~24 Boulevard between Century and Tweedy Boulevards. Hearing before the Commission will be set for June 9, 1870. ORAL COMMUNICATIONS Discussion re Mr. Emmit Schwartz, 12010 Long Beach Boulevard, addressed city's the Council to inquire if they were interested in insurance reviewing the City's liability insurance coverage this year. The Mayor asked if he had disct~.ssed the matter with the City Manager, City Clerk and City Attorney. Mr. Schwartz said he had worked on i.nsurar~ce with the former City Manager for the past six years. He said his company, Pacific Indemnity, insures 70 cities and 50 school districts and has coverage available designed for public entities. He discussed putting insurance out to bid after preparation of specifications and offered his services in anyway he could be helpful to the city. The City Manager said it appeared that Mr. Schwartz feels that the city's present policies are inadequate or that better policies could be obtained, but in discussing the matter with the City Attorney and City Clerk, they feel the present policies are adequate to meet the City's needs. He reviewed background information concerning the present insurance program and discussed the problems involved in developing specifications and calling for bids. After discussing the City's insurance program and determining that the present policies expire 3.n July 1971, the Council suggested that the Ci.ty's insurance program be investigated by the City Manager at a time suitable to his schedule during tYie coming year. P.C. to attend The Manager informed the Council that the League of institute California Cities is conducting an institute for planning commissioners on June 3 to 5. The fP? is $45 for each Planning Commissioner attending. He said two members of the Commission have requested authorization to attend and there may be other requests forthcoming. It was moved by Councilman Siokos, seconded by Councilman Stevens, and carried, that any Planning Commissioner wishing to attend the institute be authorized to do so, Council The Manager reported that the Chief of Police has supports ABC requested the City Council's support of the Department Topless/bottom-of Alcoholic Beverage Control's proposal to change less regs. their regulations relative to topless/bottomless entertainers and .Lewd films. 1t was moved by Councilman Siokos, seconded by Councilman Stevens, and carried, that the Council endorse the Alcoholic Beverage Control action in proposing the changes in regulations. It was moved by Councilman Byork, seconded by Councilman Stevens, and carried, that the meeting be adjourned. '1 / ~ ; ~ ,~ 1 City Clerk, City of Lynwo d --- - APPROVED JUNE 3, 19'(0 Mayor f the C~.ty of Lynwood