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
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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.
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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
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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
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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