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HomeMy Public PortalAboutM 1971-08-03 - CC2~~ REGULAR MEETING AUGUST 3 1;?7l The City Council of the City of Lynwood met in a regular session in the City Hall, 1133G Bullis Road, on above date at 7:30 p,m. Mayor Liewer in the chair. Councilmen Byork, Green, Liewer and Stevens answered the roll call. It was moved by Councilman Stevens, seconded by Council- man Green, and carried, that the minutes of the regular meeting of Ju]~y 20, 1971, and adjourned regular meeting of July 27, 1971, be approved as written. des. 71-51 RESOLUTION N0. 71-51 entitled: "A RESULUTION OF )errands 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 Green, seconded by Council- man Stevens, that the resolution be adopted. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Stevens. Noes: None. Absent: None. ORDINANCES AND RESOLUTIONS >rd. 894 ORDINANCE NO, 8g4 entitled: "AN ORDINANCE OF THE emending Sec, CITY OF LYNWOOD AMENDING SECTION 29.1:1 OF ARTICLE '-9.11 of Code III OF THE LYNWOOD CITY CODE TO ALLOCATE CIGARETTE allocation of TAXES BETWEEN CAPITAL IMPROVEMENT FUND AND THE ;igarette tax GENERAL FUNS)," was presented for second z^eading. It was moved by Councilman Byork, seconded by Councilman Green, and carried, that 1"ux~ther reading be waived, It was moved by Councilman Byork, seconded by Councilman Green, that said ordinance be adopted as read for the second time, fina~].y passed and be published as .required by law, Roll Call: Ayes: Councilmen Byork, Green, Liewer, Stevens. Noes: None. Absent: None, )rd. 895 ORDINANCE NO, 895 entitled: "AN ORDINANCE OF THE emending Sec. CITY OF LYNWOOD AMENDING SECTION 11,76 0~` THE L1.76 Electric LYNWOOD CITY CODE TO ESTABLISH INCREASED AMOUNTS °ees AS PERMIT FEES FOR THE INSTALLATION OR ALTERATION OF ELECTRICAL EQUIPMENT," was presented for second reading. It was moved by Councilman Byork, seconded by Councilman Stevens, and carried, that further reading be waived. It was moved by Councilman Byork, seconded by Council- man Green, that said ordinance be adopted as read for the second time, finally passed and be published as required by law. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Stevens. Noes: None. Absent: None. RESOLUTION NO, 71-52 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REQUESTING 2~9 AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS," was presented. It was moved by Councilman Green, seconded by Councilman Stevens, and carried, that further reading be waived. It was moved by Councilman Stevens, seconded by Councilman Green, that said resolution be adopted. Roll Call: Ayes: Councilmen Noes: None. Absent: None. Byork, Green, Liewer, Stevens. WRITTEN COMMUNICATIONS Res. 71-52 County aid to cities allocation for maint. of select system street A letter from Mr. E. L. Morris submitting his resignation Letter from E.L. from th? Recreation Commission was read. It was moved by Morris resign. Councilman Byork, seconded by Councilman Stevens, and from Rec. Com. carried, that the letter be accepted and filed. The Cj.ty Clerk administered the oath of office to the newly appointed Councilman E. L. Morris who then took his place at the Coun~:i:1 table. A letter from Mrs. Joyce Marthaller, 11301 Hulme Avenue, concerning incorporating oral communications as an integral part of each and every item on the agenda was read. The Mayor explained that it would not be practical to place oral communications after each item because of the time it would take to act on each one. He said that anyone wishing to discuss any agenda item may address the Council at the time that item is on the floor. Mrs. Marthaller addressed the Council to state that the purpose of her letter was to explain that by placing the oral communications this way on the agenda, perhaps the audience would be more inclined to speak. She said that since she was not familiar with procedures, she felt awkward about interrupting. She hoped that the Council would consider taking a few minutes after each item to ask if there was anyone in the audience who wished to speak on the matter up for consideration. A letter from Mr. W. H. Greenawalt, Southern California Edison Company, regarding relocation of electric transmission lines along Fernwood was read. The letter outlined the proposed relocation routes as follows: The existing line coming south from Imperial on Bullis Road which makes the corner at Fernwood and goes west along the north side of Fernwood to the substation and the .line coming north up Bullis to Fernwood following the south side of the tracks to the substation will be relocated on a twenty-five foot easement paralleling the freeway that the State has granted. The third line that exists which crosses the Long Beach Freeway and parallels Fernwood westerly to the substation will have to be re-routed away from the freeway because the property purchased by the State is not sufficient to provide a twenty-five foot easement and the State will not consider the purchase of additional land. E.L. Morris sworn in as Councilman Letter from J. Marthaller re oral communica- tions portion of agenda Letter from So. Calif. Edison re relocation of electric transmission lines -~,)~o Proposed With the system of interchange roadways planned for the eelocation of function areas of the Long Beach-and Century Freeways, electric trans- there is only one possible location for the lines to fission lines cross the Long Beach Freeway and that is at Fertile Street. The route proposed for this line as the most feasible and economical is as follows: West on Fertile to Wright Road, north to Lavinia, West to Virginia, north to Josephine, west on Josephine to Muriel, north to Louise and west to Bu11is Road where it will connect with the pole line coming north on Bu11is and then parallel the Century freeway to the substation. ~- The City Manager stated the investigated this route alo also explained that because freeway and the interchange Fertile Street seemed to be lines could cross. City Engineer has ng with others. He of the width of the that the crossing at the only place that the Mr. W. H. Greenawalt, Southern California Edison Company, 11309 Long Beach Boulevard, addressed the Council to explain that the reason Edison has presented their proposed relocation plans to the Council for prior approval is in case there may be a conflict with plans the Council may have for the area. He explained that the State must also approve the route because they are funding the relocation project. The proposed route seems to be the most economical and the best. He explained that through some of this route there are already lower voltage poles that could be replaced and combined with the high voltage lines, therefore eliminating some of the existing poles. There followed a discussion of other possible routes and Mr. Greenawalt stated that all possible routes have been studied and the proposed route was considered the best. It was moved by Councilman Stevens, seconded by Councilman Morris, that the Council present the Southern California Edison with a letter accepting the route that has been proposed. Councilman Green stated he would like to look the route over before giving approval. Councilman Stevens clarified with Mr. Greenawalt that the Edison Company engineers have been working several months and this was the best and most 'workable plah-for the community. He asked if it would be a problem to delay a decision for two weeks. Mr. Greenawalt said it would not be a problem, that Edison was not actually waiting for approval that the~.r main concern was to make sure that the City does not have any plans for the area that would conflict, After further discussion, Councilman Stevens retracted his motion with the consent of the second, Councilman Morris. It was moved by Councilman Stevens, seconded by Council- man Green, and carried, that the matter be held over to the August l7 regular meeting. 23~: A claim for property damage filed on behalf of Robert Heevner was presented. It was moved by Councilman Byork, seconded by Councilman Morris, and carried, that the claim be denied and referred to the city's insurance company. A petition filed by Joseph L. Miller, 11174 Carson Drive, and signed by 51 others requesting Council action to halt practice sessions of the Drum and Bugle Corps in the city park was presented. Councilman Byork, asked the City Manager if August 1 hadn't been established as the cut off date for practicing in the park. The Manager replied that he had contacted the manager of the corps and explained that they would have to find"another place to practice. Mr. Richard Bowen, 11.469 Copeland, addressed the Council. Mr. Bowen said that he was a member of the Optimist Club and that the Optimist Club had taken over the sponsorship of the drum and bugle corps after the city had dropped their sponsorship. He stated he had talked with the Recreation Commission and it was his understanding that the drum and bugle corps could use the park facilities. He also asked that the Optimist Club be notified of any complaints as to noise. Mr. Bowen stated that his office had contacted the hospital and talked to Mr. Knight who said he had written only one complaint to the city approximately 3 to 4 weeks ago. He suggested discontinuing the practice at g p.m. rather than practicing until around 10 p.m. Mr. Bowen also stated that the police department has not had any complaints against the drum and bugle corps. Mr. Bowen suggested a meeting with the Recreation Department, Recreation Commission, Council, members of the Optimist Club and drum and bugle corps to determine where the drum and bugle corps could practice and also asked-for'an extension of time. Councilman Morris also suggested a combined meeting and said he felt a solution to the problem could be reached. Mr. Bowen asked if the Optimist Club could have a copy of the petition filed in order that the Optimists could contact those who had signed the petition. Councilman Green stated that since the Optimist Club is willing to sit down and talk'-e,bbut~;this, he moved that the matter be referred to the Recreation Commission with the object to work ©ut a solution with the drum and bugle corps. the motion was seconded by Councilman Stevens. All members present voting aye, the Mayor declared the motion carried. The legality of providing the Optimist Club with a copy of the petition was questioned. The City Attorney stated that it was a public record. Mr. Bowen asked if a meeting could be arranged with the Recreation Department to work out a schedule to practice that would not conflict with anyone until a meeting with the Recreation Commission could be held. Claim for damage denied - Robert Heevner Petition filed re practice sessions of drum and bugle corps Lr piscussion re Mrs. Delores Carey, 11612 E1 Granada, addressed the Council drum and bugle to ask why the drum and bugle corps was not informed Forps of the petition being presented and asked why some of the members were asked to leave the park Monday evening. The City Manager explained that when material. comes in addressed to the Mayor of the City Council that material is held until it is presented to the mayor and City Council at which time it becomes a public record. In response to Mrs. Carey's second question, the Manager explained the background on 'the practice sessions stating they were to be Wednesday^a,nd~Friday nights and Sunday afternoons. Where a great amount of the difficulty has arisen is that the Diplomats are practicing in the park when they are not scheduled to. For example, they were practicing Monday night when they had been asked to leave August 1st. Cecil Abernathy, vice-president of the Optimist Club, Chairman of the Parks and Recreation Commission, addressed the Council to state that Mr. Bowen had appeared at the Recreation Commission meeting but apparently the decision of the Commission had not been communicated correctly to the drum and bugle corps. Had the decision been given correctly, they would have regulated their time more effectively, and been in the park on only certain days of the week for certain hours. He said he felt that the Council also was not correctly informed and assured the Council that the next decision of the Recreation Commission will be clearly marked so that there will be no misunderstanding. Mr. Joe Miller, 11174 Carson Drive, addressed the Council to say that he was the circulator of the petition and that the noise from the drum and bugle corps almost everynight was more than the residents could stand. Mr. Vallerio from Burbank stated that through his employment he had contacted the Lockhbed union and the union is going to donate money to the diplomats. Walter Smith, Los Angeles, manager of the Diplomats stated that the Diplomats did not start practicing in Lynwood until May of 1971, and at that time they were scheduled to practice Wednesday and Friday evenings and Sunday afternoons. Shortly after beginning practice in Lynwood there was a State competition and the Diplomats did practice seven days a week. After the competition, they went back to their s`chedu~e. There was discussion about the Recreation Department forming a youth band. Parka and Recreation Director Don Snavely informed the Council no youth band was being formed. Mr. Ed Martinez, 10884 San Vineente, addressed the -~-~- Council to say that he has three boys in the drum and bugle corps and hoped a solution could be worked out for the practice sessions. Councilman Morris asked that a report be prepared by the Parks and Recreation Department as to the alleged ~e~~~t~e~ ©~' ~ y~~th l~~nd~ .,. . `.Lt~~t) REPORTS AND REQUESTS A request for license fee exemption from the Shepherd Foundation, 11457 Long Beach Boulevard, held over from May 18 regular meeting was presented. The clerk stated that the request had been referred to the Chief of Police for investigation. The Chief's investigation revealed no reason why the request should not be granted. It was moved by Councilman Green, seconded by Councilman Stevens, and carried, that the request be granted. The final report on the abatement of the nuisance at 4032 Virginia Avenue and a request for establishment of a hearing date for levy of assessment to recover the costs of abatement was presented. Tt was moved by Councilman Green, seconded by Councilman Byork, and carried, that the matter be set for public hearing on September 7, 1971. Shepherd Founda- tion lic. exempt. request granted Abatement costs report hearing set 9/7/71 4032 Virginia A request from the Veterans of World War 2 to sell WWI Veterans to flag buttons November 8 through 11, 1971, was presented.sell Flag Buttons It was moved by Councilman Byork, seconded by Council- 11/8-11/71 man Stevens, and carried, that the request be granted. A request from the Ladies Auxiliary of the Khayyam Grotto to change the date of their rummage sale from October 16 to September 18, 1971, was presented. It was moved by Councilman Stevens, seconded by Councilman Green, and carried, that the request be granted. A request from the Assembly of God Church for a r- rummage sale on the church parking lot at 11984 Santa Fe on September 17-18, 1971, was presented. It was moved by Councilman Byork, seconded by Councilman Green, and carried, that the request be granted. Rummage sale 9/18/71-Khayyam Grotto Assembly of God Church rummage sale 9/17 & 18 A request for permission to sell Flag Buttons at Youth Coordinatin recreation facilities from the Lynwood Youth Co-ordinating Council to Council was presented. It was moved by Councilman Green, sell Flag seconded by Councilman Stevens, and carried, that the Buttons request be granted. A letter from the Church of Christ, 3841 Imperial Alley Vacation Highway, requesting the vacation of the first alley request-Church north bf'-lmperial Highway between Fracar and Alexander of Christ (Lots 6, 7, 8, Tract 12197) was presented. Jerry Straley, 11406 Birch Street, representing the Church of Christ, addressed the Council to explain that the church is planning to build a parking lot for their new church building. He explained that a portion of the alley has already been vacated and the church is requesting vacation of the remaining unimproved portion. '"'""' It was moved by Councilman Byork, seconded by Councilman Green, and carried, that the request be referred to the City Engineer for a report and recommendation. The City Manager presented a report on the 1971-72 1971-72 Jaycee fiscal year budget for the Lynwood Jaycees. Proposals budget for'the coming year include five projects as follows at a cost of $1,000: 234 Miss Lynwood Contest $ 250 Youth and Sports 200 Operation Santa Claus 200 Fourth of July Celebration 250 Miscellaneous 100 1000 The budget request is 45q below the allocation of fiscal 1969-70 and 1970-71. The Manager recommended that the Council approve the Jaycee budget as submitted by des. 71-53 adoption of RESOLUTION N0. 71-53 entitled: "A RESOLUTION ?-971-72 OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOCATING 7aycee budget FUNDS TO THE LYNWOOD JAYCEES FOR ADVERTISING, PROMOTION AND PUBLICITY FOR 1971-72." Councilman Stevens commended Jaycee President Maurice Latour for the fine Miss Lynwood pageant. It was moved by Councilman Green, seconded by Council- man Stevens, that the Council grant the budget request, compliment the Jaycees for holding down their budget and adopt the resolution presented. Roll Ca11: Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: None. Absent: None. dorm B Eng. The Manager reported that in April, 1971, the City and Contract State entered into the first of several contractural approved agreements which provide the basis for payment for design engineering work in connection with the Route 105 freeway. The Form B Engineering agreement covers a wide range of project needs including sewer relocation traffic signal modification and realignment of surface streets adjacent to the freeway. The original contract covering fiscal 1970-71 has expired and the State has proposed a second agreement to cover engineering work and costs incurred during the current fiscal year. The contract sets out design projects which may be accomplished through mutual agreement and establishes the method of payment to the city for these services. The state has allocated a total of $15,000 for repayment during the coming year with the provision that additional funds can be made available, subject to City-State approval. The Manager recommended that the Council approve the 1971-72 Form B Engineering agreement with the State Division of Highways and authorise the Mayor to execute the agreement. It was moved by Councilman Byork, seconded by Councilman Green, that the Council concur in the Manager's recommendations. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: None. Absent: None. Utilities The Manager reported that in January 1971, the City of relocation Lynwood was notified by the State Division of Highways supplemental to commence relocation of all underground water ~.greement utilities from freeway right of way land between p.pproved Atlantic Avenue and the interchange area. The State also advised that similar action would be required in the future for the remainder of the freeway route t extending westerly to the city limits and that all costs associated with the entire relocation pro~'ect ~3 ~ . would be borne by the State. After review of the Utilities matter, it was determined that the initial engineering relocation could bes be~-accomplished~,by'a professional consultant agreement firm and the firm of Lampman and Associates was retained. The original contract specified the fobs to be accomplished and developed specific hourly rates to be used in computing costs for each phase of the design work, no estimate for total engineering costs was made until more accurate data would be available to the consultant and our engineer. The following are estimates for engineering costs: 1. Relocation of water distribution facilities between Atlantic and the interchange - $9,600 2. For relocation of wells Nos. 10, 17A, 17B and 18 - $18,000 3. Relocation of water distribution facilities between Alameda and Atlantic - $27,000 Total estimated cost - $54,600. The City Engineer has reviewed the projected costs and instructed Lampman and Associates to prepare a supplemental agreement for approval by the Council and by the State. The Manager recommended that the Council approve the supplemental agreement and instruct the Mayor to sign on behalf of the City. It was moved by Councilman Byork, seconded by Council- man Green, that the Council concur in the recommendation of the City Manager. ' Roll Call: Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: None. Absent: None. The Manager informed the Council that at the July 27 Parks and Recreation Commission meeting the commission studied the problem of animals in the park, and the commission recommended that the Council adopt an ordinance prohibiting all animals from the park except for special events or by special permit. It was moved by Councilman Byork, seconded by Councilman Morris, and carried, that the City Attorney be instructed to prepare an ordinance prohibiting all animals from the City parks. ORAL COMMUNICATIONS City Attorney instructed to prepare ord. prohibiting all animals from city parks Mrs. James Nese, 10117 State Street, addressed the Request for stop Council to ask that a stop sign be placed on State sign on State Street near the inters ection of Wisconsin to stop and complaint cars from speeding on State. She also requested against Tina's that something be done about Tina's Cafe on State Cafe Street. She said that the cafe keeps the doors open all night and the noise from the ,juke box is very disturbing. Mayor Liewer asked that the City Engineer investigate the placing of a stop sign on State, and asked that the Chief of Police investigate Mrs. Nese's complaint against Tina's Cafe. ~~~ Lloyd Strong Mr. Richard Bowen, 11468 Copeland, addressed the Council recommended forto submit the name of Mr. Lloyd Strong for the vacancy Rec. Com. seat ~n the Recreation Commission. Manager asked Mrs. Joyce Marthaller, 11301 Hulme, addressed the reason for Council to say that she had attended the July 20 resignation meeting at which Mr. Riley presented his resignation and was concerned as to whether the fob was too much ~,,,,, for one man, to handle because the Council spoke of the long hours Mr. Riley worked. Mr. Riley said his decision to resign had nothing to do with the hours worked and he felt the job was not too much for one person. Councilman Morris introduced Mr. Don Dixon of Haughen and Associates 2nsurance Agency, Mr. Dixon con- gratulated Mr. Morris on his appointment to the Council. League of Councilman Byork reported that as representative Calif Cities to the League of California Cities it would be proposed necessary for the Council to indicate how they legislation wished him to vote on the following League recommenda- recommendation tions: 1. Signs located on utility poles This legislation would allow all cities and counties within the state to mount or affix traffic control, identification, directional and information signs to wooden, concrete or other type of utility poles. The Council recommended a yes vote. 2. Single-family renovation. This legislation is designed to encourage single-family home renovation by granting a tax break in the form of a five-year tax deferment for homeowners who renovate their property upon determination of the city through its permit procedure excluding additions to the home living area. The Council recommended a no vote. 3. Property tax-exempt institutionA This would enable municipalities to charge tax-exempt institu- tions fees for stand-by services, such as police, fire, and other safety services. The Council recommended a yes vote. 4. Non-profit corporation. This legislation would amend the act regulating non-profit corporat~.ons to delete and repeal the present provisions which requires competitive bidding procedure leaving this determination to the respective agencies involved in each project. The Council recommended a no vote. 5. Drug treatment programs. This wou].rl provide for investigation of the feasibility of providing methadone treatment programs and facilities for non-veterans and if such a program is found feasible """"' to make the methadone treatment program of the Veterans Administration available to the general public until other facilities can be established. Councilman Stevens objected to this proposal and recommended a no vote. After a brief discussion, the Council recommended a no vote. R~ 6. Undergrounding of public utility 'transmission l.ir~es, This would request that under rounding of transmission .lines in new construction be a state- wide standard or that public utility undergrounding be required to conform to local ordinances and mas~r.~er plans . The Cou.nc:i:1 recommended a yes vote. r . lnspeccion of a~.ztomobiles to prevent a:ir po.llution~ This .recommendation would provide for a more comprehensive inspection program of automobile emission control devices on an annual basis with appropriate provisions for the correction of deficient devices and appropriate penalties for non-compliance for all vehicles. Coun~..i.lman Green opposed this proposal. Mayor Liewer asked :Po:r a roll call. Ayes: Councilmen Byork, Liewer, Morris. Noes: Councilmen Green, Stevens. Absent: None. 8. Locat~~ion of freeways. This proposal.. would provLde ;~. f:reeway location policy whir;h w~.~u1d requ~.r~~? t•ha.t a fr.~eeway should not be apprr.;ved. at the st at~ t~ Le v~e l al yang ,~, gj.ven corridor un 1~ps s i~ l.s~ ~~onsi.stent with. the master p1.an of 'ctzose ci.~k..ies in which the freeway corridor is boated. The Council recommended a yes vote. Councilman Byork :recommended that an ordinance be preps.x~ed for the licensing of outside .realtors ghat 1~z~s,ve located f'o~~ sa.Le signs ix~ the r.>:i~.y. Councilman Green reported that there was certain ~.egislat;ion pending that he felt the Council should go on record as opposing. One such. b ].l is Assembly Bill 844 providing ~ryompulsory arbitration. Tt was moved by Councilman Gxaeen, sec.or~ded by Councilman Byork, that the Council go on record as opposing Assembly Bill No. 844. Roll Call: League of Calif. Cities proposed legislation recommendations Council expresses opposition to AB 844 and 2402 Ayes: Councilmen Byork, Green, Liewer, Morris, Stevens. Noes: None. .Absent: None. ASSembly B111 2402 would provide for a County-wide law enforcement district under which the Board of Supervisors would determine the amount o#' tax necessary to support basic law enforcement se:rc~ices without crediting cities providing their own police protection. This woua.d weaken the authority of City Councils to establish the 'level of service and type of law enforcement service within the district. Tt was moved by Councilman Green, seconded by Councilman Byork, that the Ccu.nci.l oppose Assembly Bi11 2402 Ro 11 Ca11. .Ayes: Counci°Lmen Byork, Green, Liewer, Morris, Stevens. Noes: None. Absent: None. Courlc3lma.n Green. commented on an artic7_e in a l.oca.1 paper concerning the city's firemen seeking c,ommunitj~ suppor°c for consolidation with the Cr~~urity Fire Protection District, He asked that the Fire Chief prepare a report. ,, ,,, ~~3 8 Mayor Liewer asked about the progress on the plans far the remodeling of the police building. "he Manager informed him that the plans are about :;ornpleted. The Mayor announced that the meeting would be ad,~ourned to executive session and excused the ..,., City Clerk and City Attorney. Councilman Byork was appointed City Clerk pro tempore. ~xe~:u.tiwe The Mayor declared the meeting adjourned to executive Session session. Following the executive session the Mayor called the meeting to order, and it was moved by Councilman Stevens, seconded by Councilman Green, and carried, that the meeting be ad,j'ourned. i /n _- City C rk, City of Lynwood APPROVED AUGUST 17, 1971 N~ Mayor the City of Lynwood