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HomeMy Public PortalAboutM 1970-12-15 - CClU4 REGULAR MEETING DECEMBER 15, 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. The Color Guard from Boy Scout Troop 620 presented the colors and lead the group in the pledge of allegiance to the flag. Reverend Johnson of St. Paul's Lutheran Church was introduced. He extended an invitation to all to attend the church's annual Christmas pagent which will be held each evening from December 26 to 29. It was moved by Councilman Stevens, seconded by Councilman Liewer, and carried, that the minutes of the regular meeting of December 1, 1970, be approved. rtes. 70-67 RESOLUTION N0. 70-67 entitled: "A RESOLUTION OF pemands THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFOR," was presented. It was moved by Councilman Liewer, seconded by Council- man Stevens, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. PUBLIC HEARINGS Nearing tabled The hour of 7:30 p.m. having arrived, said hour Housing code being the time fixed for public hearing on the violation - abatement of housing code violations at 11428-30 11428-30 Pear Pear Street, the Mayor requested information concerning the subject hearing. Building Official Jack DeJong addressed the Council to explain that since the time that the hearing date was established by the City Council problems having to do with the title to the property have developed, and he requested that the hearing be set aside for an indefinite time; that he would submit a request for another hearing date. It was moved by Councilman Liewer, seconded by Councilman Stevens, that the hearing be tabled until a new hearing date is requested. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent : None . ,,,,,,~ WRITTEN COMMUNICATIONS A letter from Don D. Bercu, City Attorney, City of Alhambra, concerning the proposed filing of an amicus curiae brief in the case of Donovan vs. Reinbold and Askew, et al, U. S. Court of Appeals, Ninth Circuit, Case Nos. 23622, 23671 by the Association of City Attorneys of Southern California, 1~)~ was read. The Court of Appeals has already ruled the City Attorneys who give advice to their cities and/or city officials are immune from liability under the Federal Civil Rights Act only if they are acting in "good faith." If the present decision is allowed to stand, any plaintiff under the civil rights act will be free to join government attorneys as defendants in any action brought under City to participate in amicus curiae brief +~ the act, and if the advice given is erroneous, the only defense would be a determination by the trier of fact that the attorney was acting in good faith. The cost of preparing such a brief is estimated to be about $50 for each city participating, but the exact amount will not be known until the exact cost of the brief and the number of cities participating is known. The City Attorney said he felt the action was important because if the lower court is sustained it would set a precedent and other courts would have to follow that decision. It was moved by Councilman Stevens, seconded by Councilman Byork, that the city participate in the subject action. Roll Call: Ayes: Councilmen Byork, Green, I,~.ewer, Siokos, Stevens. Noes: None. Absent: None. The meeting was adjourned to executive session. Following the executive session, the Mayor called the meeting to order. REPORTS AND The request Los Angeles annual fund was present. seconded by the request REQUESTS of the Cerebral Palsy Association of County for permission to conduct its drive during the month of May 1971 ~d. It was moved by Councilman Siokos, Councilman Stevens, and carried, that be granted. Cerebral Palsy fund drive May 1971 Requests from the following organizations for renewal of their exempt licenses to conduct salvage operations were presented: a. Goodwill Industries, b. Deseret Industries, c. The Gospel Army. It was moved by Councilman Stevens, seconded by Councilman Byork, and carried, that the exemptions from the license fees be granted. Exempt salvage collection licenses renewed The application of John Pabigian, dba United Paper Rubbish Stock Co., Inc., 2465 East 25th Street, Los Angeles, collection for a special permit to conduct a rubbish hauling permit granted business in the city was presented. The request United Paper was accompanied by the Police Department investigative Stock report which indicated no reason why the special permit should not be granted. It was moved by Councilman Siokos, seconded by Councilman Stevens, and carried, that the special permit application of John Pabigian be approved. The application of Emma and Stephen Krajcsik, 10015 California Avenue, South Gate, for a special permit to conduct a secondhand business at 10009 Long Beach Boulevard was presented. It was moved by Councilman Siokos, seconded by Councilman Stevens, and carried, that application be approved. Secondhand permit granted E. & S. Kraj csik 10009 L.B.Blvd U ti Auto Wrecking The application of Terry M. Frederickson for yard approved a special permit to conduct an auto wrecking 5536 Willard business at 5536 Willard Lane was presented. Lane The Police Department report which accompanied the application indicated no reason why a special permit should not be issued. It was moved by Councilman Byork, seconded by Council- man Stevens, and carried, that the application be approved. Purdy Company The application of the Purdy Company, 10313 S. Scrap metal Alameda Avenue, for special permit to conduct a processing scrap metal processing business at that address approved, was presented. The Police Department report 10313 S. Alameda which accompanied the application indicated no reason why a special permit should not be issued. It was moved by Councilman Liewer, seconded by Councilman Siokos, and carried, that said application be approved. Auto Wrecking The application of Bernard Aguirre for special yard approved permit to operate an auto wrecking yard at 11540 Check 11540 Check Avenue was presented. The application was accompanied by the Police Department investigative report which indicated no reason why a special permit should not be issued. Compliance by the auto wrecking yards with applicable city ordinances was discussed, and the Council was assured that the compliance is required by the appropriate city agencies. It was moved by Councilman Stevens, seconded by Councilman Liewer, and carried, that the application of Bernard Aguirre be approved. Mayor Green commented on the fencing of wrecking yards that is being done along Alameda Street in Los Angeles, and asked that the Building Official and the Code Enforcement Officer investigate what is required of those businesses by the City of Los Angeles. Humane Society An extension of the existing agreement with the agreement Southern California Humane Society for furnishing extended of pound service was presented. It was moved by Councilman Siokos, seconded by Councilman Byork, that the existing agreement be extended for an additional year. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. Abatement costs The final report on the abatement of the nuisance at report - 11020 Bellinger Street and a request for establishment 11020 Bellinger of a hearing date for levy of assessment to recover r•., the costs of abatement was presented. The Building Official reviewed the previous action which involved abatement of housing code violations at the subject location and presented a copy of the abatement costs report to each Councilman. He said if it was the Council's desire to recover the abatement cost it would be necessary to set the matter for public hearing. He asked that the Council ~ ~~ ~7 accept the completed project and establish a date for the public hearing to determine whether or not to assess the abatement costs against the property. It was moved by Councilman Siokos, seconded by Councilman Liewer, and carried, that the completed project be accepted and that a hearing be set for January 19, 1971. "~"' The Manager presented a report on the need for replacement of the Water Department's Case tractor with auxiliary crane attachment which was purchased used in 1946. Plans and specifications for replacement of the vehicle have been completed by the Public Works Director and based upon quotations received the cost is estimated to be approximately $18,000 to $18,000. As the present vehicle is badly worn and is safe only to limited use, and because of the pressing need for its replacement, the Manager recommended that the Council approve specifications No. 1970-C for the purchase of a hydraulic crane and authorize a call for bids to be received no later than 10 a.m, on Friday, January 8, 1971, in the office of the City Clerk. The Manager was asked the extent of use of such a crane and he explained that it is in frequent use as it is the only lifting equipment the City has for use by the Water Department. It is also used by other departments when needed on an equipment rental basis. It was moved by Councilman Siokos, seconded by Councilman Stevens, that the Council concur Bid Call - Hydraulic Crane 1/8/71 in the Manager's recommendations. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. The City Manager presented a detailed report on the condition of Water Well No. 4 located on Alameda Street, constructed 1948, and the need for its replacement. Well No. 4, in conjunction with Well No. 11 located on Esther Street, provided the primary source of supply and pressurization for the western section of the city. Because of lowering water production, the need for the replacement of Well No. 4 was recognized prior to the development of the Watts Industrial Park and a well site was provided by Economic Resources Corporation by easement. In order to recover the production loss due to the decreasing production ability of Well No. ~~ and to increase water flow within the area, it is proposed that an additional well be developed in the Watts Industrial Park area on land provided by E.R.C. Plans and specifications for Phase I of the project have been developed by the City Engineer, including drilling of a well, placement of well casing, furnishing and installation of the pump and motor, and development and testing of the well. Upon completion of Phase I, specifications will be prepared for Phase II of the project to include installation of electrical circuits and controls, installation of necessary piping, and construction Report on Phase I Water Well #19 ~U~ of site improvements. The estimated cost of the completed project is $75,000, with the major portion of cost required for Phase I of the project. Bid Call - As this project was anticipated during the 1970-71 Water Well No. budget period, necessary funds have been budgeted. 19, Phase I In order to continue the planned upgrading of the 1/15/71 water distribution system, the Manager recommended that the Council approve construction contract No. 301 for Phase I development of Well No. 19, and authorize a call for bids to be received no later than 10 a.m., January 15, 1971, in the office of the City Clerk. It was moved by ' Councilman Siokos, seconded by Councilman Liewer, that the Council concur in the recommendations of the City Manager, and authorize the call for bids . Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. Easements for The City Manager explained that at the time of Water Well developing Watts Industrial Park an easement For Watts for a water well site was granted to the City. Industrial Park It has been determined that a larger site is required and it would therefore be in order to execute a quitclaim deed for the original easement and accept easement for the new site• A map of the new well site was presented for the Council's consideration. The following quitclaim deed was presented wherein the City quitclaims the above mentioned easement as follows: That portion of the tract of land marked "Omri J. Bullis, 100.495 Acre" on the map of the Bullis Land, in the City of Lynwood, County of Los Angeles, State of California, as per map recorded in Book 3, Page 399, of Miscellaneous Records, in the Office of the County Recorder of said County, described as follows: Beginning at the southeast corner of Parcel Map 1201, as recorded in Book 18, page 43, of Parcel Maps, in the office of the County Recorder of the said County; thence along the Easterly line of said Parcel Map; North 07°34'00" West 70.00 feet; thence leaving said easterly line North 82°26'00" East 60.00 feet, thence South 07°34'00" East 70.00 feet to the southerly line of land described in the deed to Economic Resources, Inc. recorded on January 3, 1869, as Instrument No. 578 in Book D-4241, page 28 of Official Records of said county; thence along said southerly line South 82°26'00" West 60.00 feet to the point of beginning. EXCEPTING the Southerly 20.00 feet of said land. Also, excepting the Westerly 10.00 feet of said land. It was moved by Councilman Siokos, seconded by Councilman Liewer, that execution of said quitclaim deed be authorized. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. .~ 0 y Corporation Grant Deeds of Easement for a water Water Well well site, as follows were presented: Easements WATER WELL EASEMENT That portion of J. Bullis, 100. Bullis Land, in of Los Angeles, map recorded in Records, in the of said County, the tract of land marked "Omri 495 Acre" on the map of the the City of Lynwood, County State of California, as per Book 3, Page 399, of Miscellaneous office of the County Recorder described as follows: Beginning at the Southwest corner of Parcel Map 1223, as recorded in Book 22, Page 14, of Parcel Maps, in the office of County Recorder of the said County; thence along the Westerly line of said Parcel Map, North 07°34'00" West 80.00 feet; thence Easterly along a line North 82°26'00" East 55.00 feet; thence Southerly along a line South 07°34'00" East 80.00 feet to the Southerly line of the land described in the deed to Economic Resources Corporation recorded on January 3, 1968, as Instrument No. 578 in Book D-4241, Page 28 of Official Records of said County; thence Westerly along said Southerly line South 82°26'00" West 55.00 feet to the point of beginning. EXCEPTING the Southerly 6.00 feet of said land; also, EXCEPTING the Westerly 23.00 feet of said land. EASEMENT FOR PUBLIC UTILITY That portion of the tract of land marked "Omri J. Bullis, 100.495 Acre" on the map of the Bullis Land, in the City of Lynwood, County of Los Angeles, State of California, as per map recorded in Book 3, Page 399, of Miscellaneous Records, in the office of the County Recorder of said County, described as: A strip of land 6.00 feet wide, along the following described centerline: Beginning at a point easterly of the Southwest corner of Parcel Map 1223, as recorded in Book 22, Page 14 of Parcel Map, in the office of said County Recorder, a distance of 41.64 feet measured along the Southerly line of the land described in the deed to Economic Resources Inc. recorded on January 3, 1969, as Instrument No. 578 in Book D-4241, Page 28 of Official Records of said county; and Northerly of the last mentioned Southerly line a distance of 80.00 feet measured along a line bearing North 07°34'00" West; thence Northerly along a line North 11°42'50" West a distance of 93.51 feet to a point on a non tangent curve concave to the North having a radius of 78.00 feet, a radial line through said point bearing North 22°08'59" East; said point also being a point on the Southerly line of Industry Way, a private street, described as Parcel 5 on Parcel Map 1223, as recorded in Book 22, Page 14 of Parcel Maps in the office of said county recorder. i 1 t) Water Well Easements INGRESS AND EGRESS EASEMENT That portion of the tract of land marked "Omri J. Bullis, 100.495 Acre" on the map of the Bullis Land, in the City of Lynwood, County of Los Angeles, State of California, as per map recorded in Book 3, Page 399, of Miscellaneous Records, in the office of the County Recorder of said County, described as follows: Beginning at the Southwest corner of Parcel Map 1223 as recorded in Book 22, Page 14, of Parcel Maps in the office of the County Recorder of said county; thence along the Westerly line of said Parcel Map, North 07°34'00" West 161.84 feet; thence North 35°21'34" East 29.88 feet to a point on a curve concave northeasterly having a radius of 78.00 feet, the last hereinfore (sic) mentioned course being radial to said curve; thence Southerly along said curve through a central angle of 8°51'00" an arc distance of 12.04 feet to a line parallel with and distance (sic) Southerly 12.00 feet measured at right angles from that certain course hereinabove described as having a bearing and length of North 35°21'34" East 28.98 feet; thence along said parallel line South 35°21'34" West, 12.43 feet to a tangent curve, concave to southeast having a radius of 35.00 feet; thence along said tangent curve Southwesterly through a central angle of 42°55'34", a distance of 26.22 feet to a point tangent on a line parallel with and distance (sic) easterly 12.00 feet measured at right angles from that certain course hereinfore(sic) described as having a bearing and length of "North 7°34'00" West, 161.94 feet"; thence along said last mentioned parallel line South 07°34'00" East 88.46 to a line parallel with and distant northerly 55.00 feet measured at right angles from the Southerly line of the land described in the deed to Economic Resources, Inc. recorded on January 3, 1969, as Instrument No. 578 in Book D-4241, Page 28 of Official Records of said county; thence Easterly along said last mentioned parallel line North 82°26'00" East 11.00 feet; thence South 07°34'00" East 55.00 feet to the last hereinbefore mentioned southerly line; thence Westerly along said southerly line a distance of 23.00 feet to the point of beginning. EXCEPTING the Southerly 6.00 feet of said land. It was moved by Councilman Siokos, seconded by Councilman Liewer, that said deeds of easement be accepted. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, STevens. Noes: None. Absent: None. City-Police The City Manager presented the "Memorandum of Assoc. Memo of Understanding Between the Municipal Employee Understanding Relations Officer of the City of Lynwood and the Peace Officers' Association of Lynwood" which has been signed by the Municipal Employee Relations Officer and representatives of the Peace Officers Association. In his report the City Manager ~~~ recommended that the Council consider immediate development of an amended employer-employee document which will clarify the "meet and confer" process. He further recommended that should such a revision be undertaken, that retention of the law firm of Rutan and Tucker be continued for development of .the new document. '''~ In discussing the memorandum of understanding, payment of overtime for periods of fifteen or more minutes and the possible use of time clocks was discussed. The Mayor asked the City Manager to investigate their use. It was moved by Councilman Stevens, seconded by Councilman Byork, that the City Council approve the findings of the Municipal Employee Relations City-Police Assoc Memo of Under- standing Officer. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Siokos, Stevens. Noes: None. Absent: None. ORAL COMMUNICATIONS Building Official Jack DeJong informed the Council that the height of the fence on the property at 3939 Carlin Avenue has been reduced by two feet. Mr. Archie Legg, 3671 Platt Avenue, addressed the Council about the following matters: (1) nuisance resulting from an ice cream vendor stopping at Spruce and Platt at the time school children leave the Hosler School and the accompanying noise, traffic and trash problems; (2) parking of persons in automobiles along the divided street on the south side of the city park, near Hosler school, during the late night hours; (3) questioned the per hour rate of police personnel. Councilmen Liewer inquired about the directional sign at Imperial Highway and Century Boulevard directing traffic to the southbound Long Beach Freeway. He also commended the Chamber of Commerce for the excellent Christmas parade. Mayor Green read a letter from Assemblyman Wakefield regarding a new ordinance on loitering and trespass. The letter was referred to the City Manager and City Attorney for study. Mayor Green also report on the topics discussed at a ,joint meeting of Mayors of Los Angeles County and members of the County Board of Supervisors. The meeting was adjourned to executive session. Following the executive session, the Mayor called the meeting to order. _~ 4G gdjournment It was moved by Councilman Stevens, seconded by Councilman Siokos, and carried, that the meeting be adjourned. r`Cit~ Clerk, City off' Lynwoo ,; APPROVED JANUARY 4, 1970 ~~ ~~~ ~~ Mayor of the City of Lynwood