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