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HomeMy Public PortalAboutM 1974-04-02 - CC1G ADJOURNED REGULAR MEETING APRIL' 2, 1974 The City Council of the City of Lynwood met in an adjourned regular session in .the City Hall, 11330 Bullis Ro~.d, on above date at 7:00 p.m. Mayor Liewer in the chair. ,~,,. Councilmen Byork, Liewer, Green, Morris, Rowe answered the roll call. Also present were City Manager Wright and City Attorney Cayer. After discussing items appearing on the agenda for the regular meeting of April 2, 1974, it was moved by Councilman Byork, seconded by Councilman Green, and carried, that the meeting be adjourned. ~.Cit Clerk, City of Lynwood APPROVED APRIL 16, 1974 ~~A/l. ~ ~.tltit~l~'1~ Mayor of h Ci y of Lynwood } REGULAR MEETING APRIL 2, 1974 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 Liewer in the chair. ~; Councilmen Byork, Green, Liewer, Morris, Rowe I answered the roll call. Also present were City Manager Wright and City Attorney Cayer. It was moved by Councilman Byork, seconded by Councilman Morris, and carried, that the minutes of the adjourned regular meeting of March 19, 1974, regular meeting of March 19, 1974, and adjourned regular meeting of March 28, 1974, be approved as written. PROCLAMATION The Mayor read a proclamation designating the Realtor Week week of April 21 - 28 as "Realtor Week. " April 21-28 It was moved by Councilman Byork, seconded by Councilman Morris, and carried, that the proclamation be authorized. A copy of the proclamation was presented to Mary Heath, representing the Compton- Lynwood Board of Realtors, Inc. PUBLIC HEARING The hour of 7:3o p.m. having arrived, said hour being the time fixed for continuation of the public hearing on the appeal filed by Russell Mangold of the Planning Commission decision denying a variance to permit deviation from the requirements of Section 15.03(a) of Ordinance No. 570 to permit the location of a cocl~t~.il lounge on a portion of Lot 6, Tract 2794 (10821 Long Beach Boulevard), the Mayor declared the public hearing open. The City Clerk informed the Council that Mr. Mangold had been notified by mail that the hearing scheduled for March 19, 1974, had been continued to this date. The Clerk also presented a petition opposing the variance, signed by Mrs. Mary Cox, 3311 Alma Avenue, and seventeen others, and a letter opposing the variance signed by Mrs. Don Mitchell, 10728 Long Beach Boulevard. The City Manager presented a report on the hearing before the Planning Commission. The Mayor requested those in the audience wishing to testify in the public hearing to rise, and the oath was administered by the City Clerk. Hearing - Mangold, 10821 L.B. Blvd. The Mayor inquired if anyone present wished to speak in favor of the variance. 1~ The appellant, Mr. Russell Mangold, 3701 North Potrero Drive, Fullerton, addressed the Council in favor of the variance, stating that he had acquired the property in 1955 or 1956 and on two occasions had sold it, and in each instance had reacquired it. He stated there had been no problems during the times that he had operated the cocktail lounge. He informed the Council that the premises have been ,.~ vacant for the past two years; that the size of the front building housing the bar has been reduced and that the rear of the property has been converted into a motel. He stated that he does not expect to have any loud types of music which might disturb those living in the area. He informed the Council that he has a large investment in a single purpose building and is requesting the variance as he wishes to put the property to use. As members of the City Council had no questions, the Mayor asked for staff reports pertaining to the hearing. Lt. Harry Ralston, Lynwood Police Department, reported that on April 24, 1972, Mr. Mangold made application for an alcoholic beverage license at the subject premises; a protest was filed by the Chief of Police on the grounds that the issuance of the license would be contrary to the public welfare, and a hearing was held before Hearing Officer Leon B. Traub of the Department of Alcoholic Beverage Control. Lt. Ralston summarized the testimony offered at the hearing and stated that Mr. Traub made the following determination: "It would be contrary to public welfare and morals and to the provisions of Article XX, Section 22 of the California Constitution and to those of the Alcoholic Beverage Control Act to transfer an on-sale general license to the premises for which application has been made, in that it is reasonably foreseeable that licensing of the premises would, as it has in the past, result in a police problem...The protest is sustained." Lt. Ralston informed the Council that an appeal of that determination was filed by Mr. Mangold and subsequent tohearing, the Alcoholic Beverage Control Appeals Board made the following ruling: "It is our opinion the department's determination herein is one which could have been made by reasonable people; accordingly, it is hereby affirmed. All issues raised on appeal are deemed to be without merit." CouncilmanMorris asked who owned that the incidents described by He was informed that Mr. Mangold and the remainder of the time it Mr. Blinn and a Mr. Shearer, but as to actual ownership. the bar during the time Lt. Ralston took place. owned it part of the time was operated by a there was uncertainty Mr. Mel Rice, Acting Director of Planning, stated that although pertinent information was presented to the Planning Commission by the various city departments, the attention of the Planning Commission was directed to use of the building and its proximity to a residential zone. The Mayor inquired if there were any others wishing to speak in favor of the proposed variance. As there was no response, he inquired if there were any wishing to speak in opposition to the variance. -* r .~. c~ Mrs. Helen Ju, 10826 Long Beach Boulevard, and Mrs. Hearing - Madlyn Kabian, 10818 Long Beach Boulevard, both Mangold variance spoke in opposition to the variance on the grounds appeal denied that loud noise emanating from the premises and 10821 L. B. Blvd. noise caused by those leaving the establishment during the late night hours disturbed the peace of the neighborhood. Mrs. Mildred Mitchell, 10928 Long Beach Boulevard, spoke in opposition to the variance on the grounds that it would be harmful to the neighborhood and a burden on the Police Department. The Mayor asked Mr. Mangold if he wished to respond. Mr. Mangold stated that during the time he had operated the bar there had been no complaints, and that he did not feel what happened when the bar was operated by Mr. Blinn and Mr. Shearer should carry over to him. He reiterated that whatever entertainment provided will not be loud. In response to questions from the City Council, Mr. Mangold said it would be a bar, no food would be served, and that he would operate it himself. Mrs. Agnes Hovey, 10818 Long Beach Boulevard, spoke in opposition to the variance because of the noise during the time the establishment was in operation previously. Mr. George McCloud Wilkes, 12112-B Long Beach Boulevard, commented on the undesirability of living adjacent to a bar. The Mayor again inquired if anyone else wished to be heard. As there was no response, the Mayor declared the hearing closed. It was moved by Councilman Morris, seconded by Councilman Green, that the Council concur in the actions of the Planning Commission and deny the appeal. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Morris, Rowe. Noes: None. Absent: None. MANAGEMENT STUDIES AND REPORTS The City Manager presented a report on the request of the Real Estate Practices Commission and Community Stabilization Commission that the Council support the Unified School District tax override measure to be on the June ballot. It was moved by Councilman Green, seconded by Councilman Byork, that the matter be tabled until more details are provided by the School District. In response to a question as to the legality of supporting such a measure, the City Attorney informed the Council that it would be strictly a matter of policy. All members voting aye, the Mayor declared the motion carried. School District tax override meas. tabled A report was presented by the City Manager on removal Police Dept. silent of the existing silent alarm board in the Police alarm board Department preparatory to installation of a new board to be installed by Security Pacific Bank at no cost to the City. It was recommended that Council authorize 16 removal of the existing silent alarm board upon thirty- day notice to Mr. Wes Legg, of L & L Silent Alarm, to remove his equipment, and authorize installation of the new 200 position board. It was moved by Councilman Green, seconded by Councilman Rowe, that 30-day notice be given to Mr. Legg to remove his board and authorize installation of the new board. Mr. Wes Legg, 3965 Palm Avenue, addressed the Council to inquire about details of the change in boards and was informed that details of charges have yet to be worked out. Mr. Bruce Hagadon, 11300 Annetta, asked who would receive the money charged for use of the new board. He was informed that funds derived from the board would be placed in the General Fund. All members of the Council voting aye, the Mayor declared the motion carried. Water Meter A report on installation of water meters pursuant to installation Chapter 32 of the City Code was presented by the City bid call - Manager with the recommendation that Council approve 4/25/74, 11 am Water Meter Specification No. 2-209-7316 and authorize a call for bids on April 25, 1974, at 11 a.m. It was moved by Councilman Green, seconded by Council- man Byork, that the Council concur in the recommendation and approve a call for bids. In discussing the meter installation program, Council- man Morris. expressed opposition to the program and questioned the necessity of purchasing a large quantity of meters at this time. The public works director informed the Council that 45 to 50 meters are presently being installed each month because of changes in ownership and the large number is needed to carry out the metering provisions of the City Code. All members of the Council voting aye, except Councilmen Morris and Rowe, the Mayor declared themotion carried. Formal The Manager reported that formal recognition of the Recognition - Peace Officers' Association of Lynwood, Inc. has been Peace Off. requested pursuant to Resolution No. 6g-26, and recommended that Council concur with the Municipal Employee Relations Officer's formal recognition of the Peace Officers' Association of Lynwood, Inc. It was moved by Councilman Byork, seconded by Councilman Green, and carried, that the Council concur in the recommendation. Res. 74-22 A report on the Federal Uniform Transportation Assistance Unified Act was presented by the City Manager. The report Transportation indicated concern about certain proposed regulations Assistance Act specifically definition of the term "responsible local official," and it was recommended that RESOLUTION N0. 74-22 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ENDORSING CERTAIN BASIC CONCEPTS EMBODIED IN THE UNIFIED TRANSPORTATION ASSISTANCE ACT ~' ~~ NOW BEING CONSIDERED BY CONGRESS AND URGING CONGRESS TO AMEND THE PROPOSED ACT TO CLARIFY INTENT AND PROVIDE FOR A FAIR AND EQUITABLE DISTRIBUTION OF FUNDS," be adopted. It was moved by Councilman Green, seconded by Councilman Morris, and carried, that Resolution No. 74-22 be adopted. A report on an independent audit of Revenue Sharing Funds to be furnished by the firm of Lance, Soll & Lunghard was presented by the City Manager, with the recommendation that the Council authorize Lance, Soll & Lunghard to perform necessary Revenue Sharing Financial and Compliance Audit Report as of June 30, 1974. It was moved by Councilman Morris, seconded by Councilman Green, that the audit be authorized. Roll Call: Ayes: Councilmen Byork, Green, Liewer ,Morris, Rowe. Noes: None. Absent: None. Councilman MOrris inquired about assuming special tax districts, specifically the library tax, in order to increase revenue sharing entitlements, and the Manager informed him that a report will be submitted at the time the tax rate is set. The City Manager informed the Council that Anthony and Langford/Architects have notified him that ?~' the Police Facility project, pursuant to inspection made on March 14, 1974, was found to be complete in accordance with the contract, and recommended that the project be accepted and Notice of Completion filed. Councilman Byork asked for a complete breakdown of total cost of the facility. Councilman Morris asked that an open house and tour of the facility be arranged. It was moved by Councilman Green, seconded by Councilman Morris, that the project be accepted and Notice of Completion filed. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Morris, Rowe. Noes: None. Absent: None. FINANCE REPORT RESOLUTION N0. 74-23 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. The City Manager asked that an additional warrant payable to Cantu Constructors in the amount of $7,6+7.67, be added to the warrant register. It was moved by Councilman Green, seconded by Councilman Byork, that Resolution No. 7~-23 be adopted. Roll Call: Ayes: Councilmen Byork, Green, Liewer, Morris, Rowe. Noes: None. Absent: None. Revenue Sharing audit report Acceptance of Police Bldg. addition Res. 74-23 Demands 1~ DEPARTMENTAL REPORTS Department In discussing items appearing on Information Bulletin reports No. 74-7, the City Attorney informed the Council that the Supreme Court of the State of California has taken a direct appeal of the Nevada County case relating to statements of economic interest and has issued ,~.. an order indicating that these reports need not be filed. Mr. Mel Rice reported on the recent Citizens' Reconnaisance Conference. It was moved by Councilman Byork, seconded by Councilman MOrris, and carried, that Information Bulletin No. 74-7 be accepted and filed. It was moved by Councilman Byork, seconded by Council- man Morris, and carried, that Citizens' Service Request Log No. 74-7 be accepted and filed. It was moved by Councilman Byork, seconded by Council- man Morris, and carried, that Public Works Street Work Summary be accepted and filed. CITY CLERK'S AGENDA VFW Buddy Poppy It was moved by Councilman Byork, seconded by Council- sales 5/17-18 man Morris, and carried, that the request from the Lynwood V.F.W. for permission to conduct annual Buddy Poppy Sales on May 17 and 18, 1974, be approved. VISTO solicit It was moved by Councilman Morris, seconded by Council- request denied man Rowe, and carried, that the request from Mark E. Benkendorf, Deputy Probation Officer, for reconsideration of VISTO request for permit to solicit in the City be denied. Pride Equals A request from "Pride Equals Respectability & Equality Respectability etc Inc . " for permission to sell candy one to two days candy sale permit per month to raise funds to assist disadvantaged denied youth was presented. Miss Mickie Bruemmer, 4635 Clara Street, Cudahy, was present to speak in behalf of the request, and to explain that the funds derived from the candy sales are used for field trips such as to Sea World for disadvantaged youth After suggesting that such programs may be available through the Cudahy Parks and Recreation department, it was moved by Councilman Liewer, seconded by Council- man Byork, and carried, that the request be denied. Unification It was moved by Councilman Morris, seconded by Council- Church flower sale man Green, and carried, that the request from permit denied Unification Church, Van Nuys, for permission to conduct sales of flowers for funding religious education centers be denied. Continental The application of Continental Canine, Inc., Cerritos, Canine license California, for a special permit for conducting the approved business of providing sentry dog service in the city, together with the police report indicating approval, was presented. ~~. It was moved by Councilman Green, seconded by Council- man Morris, and carried, that the permit be granted. It was moved by Councilman Morris , seconded by Council- Claims for man Byork, and carried, that the claim for damages damages denied filed by Arturo Duenas be denied and referred to the A. Duenas City' s insurance carrier . A. Mendoza It was moved by Councilman Byork, seconded by Council- f•--• man Morris, and carried, that the claim for damages f'; filed on behalf of Angel Mendoza be denied and referred t' to the City's insurance carrier. COUNCIL AGENDA Councilmen Green inquired about the weekly press conferences now being held, and was informed that with concurrence of members of the press, they will be held on every Monday preceding regular Tuesday Council meetings. Councilman Green also inquired about the status of the news racks and was informed that the city's existing ordinance has been held unconstitutional and a new ordinance is being prepared. Councilman Green akked about the proposed new library and was told that the preliminary real estate work has been completed and forwarded to the County's Chief Administrative Officer for inclusion in the budget. Councilman Green also inquired about weed abatement on boarded up and vacant homes and was told that abatement can be done under a weed abatement program, but because of the time involved alternative solutions are being studied. Councilman Byork asked for a complete study of the status of the Lynwood Police Reserve, specifically as to why Lynwood is losing members of the reserve to other agencies. Mr. Ray Warden, Chairman of the Personnel Board, addressed the Council concerning action taken in September to approve the police reserve program recommended by the Personnel Board, and urged that the program be implemented. In response to an inquiry from Councilman Morris, concerning enforcement of the ordinance requiring posting of prices of gasoline, the Manager stated that enforcement will be started, after first notifying the retailers. Councilman Morris asked that the Council instruct the Secretary to have on the agenda for the next meeting of the Lynwood Redevelopment Agency an item to include the right of way for the freeway, as if the freeway does not go through the Agency should be in a position to have the area included within the scope of the Agency in order to control development of the area. He also asked consideration of possible efforts to divert freeway funds to the Rapid Transit District. Press conferences News racks New library blc Weed abatement program Police reserve Enforcement of ord. re postin€ prices of gaso, LRA re freeway right of way At the request of the Mayor, Assistant City Manager Cassingham gave a report of a recent meeting with Mr. Dan Goble concerning the June ballot measure as L~ it relates to funding for mass transit and regarding state-owned housing in the city. PUBLIC BUSINESS Weed abatement Mr. Cosmo Bruno, Fairvale, California, addressed the cost Council to protest the cost of abating weeds on vacant ..~ property he owns in Lynwood. The basis for the charges made was explained to Mr. Bruno. Mr. George Higgins, 5300 Cortland, called attention to a news article concerning a Supreme Court zoning decision which may be helpful to the City. Mr. Gerald Arseneau, 3916 Josephine, inquired if the Council had received a letter he had submitted earlier in the day. He was informed that members of the Council had received the letter. It was moved by Councilman Byork, seconded by Council- man Morris, and carried, that the meeting be recessed. Following the recess, the meeting was called to order. Executive After declaring the meeting adjourned to executive session session for the purpose of discussing a matter of litigation, the Mayor excused the City Clerk from the remainder of the meeting and appointed Councilman Byork City Clerk pro tempore. The meeting reconvened following the executive session, and it was moved by Councilman Morris, seconded by Councilman Green, and carried, that the meeting adjourn to April 16, 197+, at 7:00 p.m. _~` _ amity Clerk, City of Lynwood APPROVED APRIL 16, 197{ M yor e City of Lynwood