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HomeMy Public PortalAboutM 1959-04-21 - CCl REGULAR MEETING APRIL 21, 1859 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 Finch in the chair. Councilmen English, Finch, Pender, Rowe, and. Summers answered. the roll call. It was moved. by Councilman Pender, seconded. by Councilman Summers, that the minutes of the previous regular meeting of April 7, 1959 be approved. as written. All members voting aye, the-Mayor declared the motion duly carried.. RESOLUTION N0. 59-21 entitled. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THERE- FOR." was presented.. It was moved by Councilman English, se^onded by Councilman Rowe, that said. resolution be adopted.. Roll Call: Ayes: Councilmen .English, Finch, Pender, Rowe, and. Summers. Noes: None. Absent: None. The Mayor stated. that this was the time set to canvass the absentee ballots and precinct returns for the Ozell Manor Annexation No. g election which was held. on April 14, 1959. The Mayor appointed. the following to act as election board. members: Inspector Councilman Pender. ,,.~, Judge Councilman English Clerks Councilmen Rowe and. Summers. Upon completion of the canvass, the Mayor directed the Clerk to enter the results of the annexation election in the minutes, as follows: "Shall Ozell Manor Annexation No. g be annexed to, incorporated. in, and. made a part of the City of Lynwood?" Spoiled. ballots: 2 Yes: 148 No: 172 Total Votes Cast: 322 Thereupon, RESOLUTION N0. 59-22 entitled "RESOLUTION OF THE CITY COUNCIL -0F THE CITY OF LYNWOOD, CALIFORNIA, DECLARING THE RESULT OF THE SPECIAL ELECTION PERTAINING TO THE ANNEXATION OF "OZELL MANOR ANNEXATION N0, g" TO THE CITY OF LYNWOOD, HELD IN SAID TERRITORY ON APRIL 14, 1g59:" was presented.. It was moved. by Councilman Pender, seconded by Councilman English, that said. resolution be adopted.. Roil Call: Ayes: Councilmen English, Finch, Pender, Rowe and Summers. Noes: None. Absent: None. Res. 59-21 Demands Ozell Manor Annexation Election- Canvass of returns. Res. 59-22 Result of Oze11 Manor Annexation Election. ORDINANCE N0. ~~0 entitled "AN ORDINANCE .AMENDING Ord.6g0-zone ORDINANCE N0. 570 FOR THE PURPOSE OF RECLASSIFICATION OF change,Lot CERTAIN PROPERTY AND THE ADOPTION OF AN AMENDED SECTION 1410,W1/2, OF THE ZONING MAP WHICH IS PART OF SAID ORDINANCE N0. 570." Tr. 3389 - was presented. for the second. time. It was moved. by Anderson .~. ~;_ ~ G Councilman.English, seconded. by Councilman Pender, that further reading be waived.. All members voting aye, .except Councilman Pender, the Mayor declared. the motion duly carried. It was moved. by Councilman Summers, seconded. by Councilman Rowe, that said ordinance be adopted as read for the second. time, finally pass, and. be published as required by law. Roll Call: Ayes: Councilmen English, Finch, Rowe, and Summers. Noes: Councilman Pender. Absent: None. Sales Tax - The Manager presented for the Councilts approval an amended Amendment . agreement between the City and. the State of California for of agree- the administration of local sales and. use taxes. The .Manager went with stated. that this amended. agreement provided for the accelerated State . transmittal of local sales tax collections to the city, and. approved. recommended. its approval. It was moved. by Councilman Summers, seconded. by Councilman English, that the Council approve said. amended agreement and. authorize the Mayor and- Clerk to execute it on behalf of the City of Lynwood.. Roll Call: Ayes: Councilmen English, Finch, Pender, Rowe, and Summers. Noes: None. Absent: None. Res..59-23 The Clerk presented. a communication from the City of Long re airline Beach wherein they request the Council to adopt a resolution service declaring the city~s support of new and improvement airline Long Beach service from Long Beach Municipal Airport. The City Attorney Municipal recommended. the adoption of said resolution. It was moved. by airport. Councilman Summers, seconded. by Councilman English, that Resolution No. 59-23 be adopted. Roll Call: .Ayes: Councilmen English, Finch, Pender, Rowe, and Summers. Noes: None. Absent: None. Johnson The Clerk presented. a communication from Mr. Harold B. Johnson, letter re 11729 Third. Avenue, thanking the Council for allowing the Ozell Manor electors in Ozell Ma nor Annexation No. 9 to express their #9 election wishes at the polls. It was moved. by Councilman Pender seconded. by Councilman English, that said. , communication be accepted and filed.. All members voting a ye, the Mayor declared. the motion duly carried. Business The Clerk presented. the City Attorneyts report on the Chamber License of Commerce letter pertaining to business license ordinance. Ordinance- The report stated. that the only legal basis for collecting a Report on license from a business not dangerous to the public, either Chamber of directly or indirectly, is under the power to tax for revenue, Commerce and. that such a business cannot be subjected- to any police Letter, regulation whatsoever. The report also stated. that ih the case of busir~sses or occupations that are not dangerous to the public, either directly or indirectly, provisions in the ordinance requiring the applicant to divulge business records, credit rating, and. previous infractions of the law would, in his opinion, be invalid.. The report further stated. that there is the principle of law that in the absence of a statute so -~-~ specifically providing, performance of a single act or even a number of isolated-acts pertaining to a particular business or occupation, does not constitute engaging in or carrying on such business or occupation within the meaning of the law requiring a license, unless the intent to engage in business is clearly apparent, Following considerable discussion of the problem of enforcement, it was moved. by Councilman Pender, seconded- by Councilman Rowe, that the entire problem of enforcement procedures be re- ferred. to the City Manager, City Attorney, City Clerk, arid. Chief of Police for disposition. All members voting aye, the Mayor declared. the motion duly carried.. The Clerk presented. a letter from St. Annets Episcopal Church requesting permission to conduct a rummage sale at 11428 Long Beach Boulevard on .April 24 and 25, license free. It was moved. by Councilman Summers, seconded. by Councilman Fender, that said permission be granted. .All members voting aye, the Mayor declared. the motion duly carried. The Clerk .presented. a communication from the .American Legion Auxiliary, Unit No. 85, requesting permission to sell veteran-made poppies on the city streets on May 21 and. 22. It was moved by Councilman Pend.er, seconded. by Councilman English, t-hat said. permission be granted.. All members voting aye, the Mayor declared. the motion duly ca~~~ried . The Clerk presented. Planning Commission Resolution No. 214 denying the application of Mrs. Alethea Koehler for a variance of the parking space requirements (Section 12.01, Ordinance No. 570), as per plot plan on file, on Lot 37, Tract 20680. It was moved. by Councilman Fender, seconded. by Councilman Summers, that the Council concur in the recommendations of the .Planning Commission. All members voting aye, the .Mayor declared the .motion duly carried. The Glerk presented Planning Commission Resolution No ,..215 which confirmed and recommended. the approval of the re- classification from R-1 to R-2 of-Lots 1193 to 1200, inclusive, Tract No. 3335. The .Clerk stated that the property, is situated on the north side of Platt Avenue between Spruce and. Birch Streets, and. is immediately adjacent to the city park. Following discussion of allowing ingress and. egress from said. property onto the park property, it was moved by Councilman Fender, seconded by Councilman English, that the Council concur in the .recommendations of the Planning Commission. All members voting aye, the Mayor declared. the motion duly carried.. An ordinance entitled "AN ORDINANCE AMENDING ~DINANCE N0. 570 FOR THE .PURPOSE OF RECLASSIFICATION OF CERTAIN PRO- PERTY AND THE ADOPTION OF AN AMENDED SECTION OF THE ZONING MAP WHICH IS PART OF SAID ORDINANCE N0. 570." was presented for the first time. It was moved by Councilman Fender, seconded. by Councilman English, that further reading be waived.. All members voting aye, the Mayor declared. the motion duly carried... It was moved by Councilman English, seconded by Council- man Fender, that said ordinance be accepted. as read. for the first time, and pass to the second reading. Roll Call: Ayes: Councilmen English, Finch, Fender, Rowe, and Summers. Noes: None. Absent: .None. St. Anne~s Church-permit for rummage sale. American Legion-poppy sale approves Plan.Com. Re. .214 -Koehler ~'lan.Com.Res 215 - Joyce Ordinance rep first time- Joyce zone change . The Manager presented. his report on the bids received. at Cast iron pig 10 a,m. on April 20 for furnishing cast iron pipe wherein U. S. Pipe & he recommended. that the award be made to United States Foundry low Pipe and. Foundry Company, the low bidder. It was moved. bidder. by Councilman Fender, seconded. by Councilman English, that the Council concur in the recommendations of the c~ City Manager and. authorize the purchase of said. cast iron pipe. Roll Call: Ayes: Councilmen English, Finch, Pender•, Rowe, and. Summers. Noes: None. Absent: None. Easements - T?~.e Manager presented. for acceptance by the city the following Tr. 20680 grant deeds: 1. An easement for the construction and. maintenance of sanitary sewers and water lines described. as follows: 'T'hose portions of Lots 70 and. 71 in Tract No. 20680 in the City of Lynwood., County of Los Angeles, State of California, as shown on map recorded. in Book 552, pages 4, 5, and. 6 of Maps in the office of the Recorder of said county, within a strip of land. 20 feet wide, lying 10 feet on each side of the following described- centerline: Commencing at a point in the southwesterly line of said. Lot 70, distant thereon South 34° 501 40" East 497.04 feet from the most westerly corner of said. Lot 70; thence North 55° Og120" East 102.00 feet to the true point of beginning; thence northwesterly, parallel with said. southwesterly line, North 34° -501 40" West 651.00 feet; thence South 55° 091 20" Nest 102.00 feet to the southwesterly line of said. Lot 71. 2. An easement 20 feet in width in portions of Lots 70 and. 71 of Tract No. 20680 as shown on map of Tract No. 20680 recorded. in Book X52, pages 4, 5, and. 6 of Maps, Official Records of Los Angeles County, California, for the construction and maintenance of sanitary sewers and water line,said easement lying 10 feet on each side of the following described. center line: Beginning at a point on the northeasterly line of Centur~r ,..,,, Boulevard. distant thereon 154 feet northwesterly from the most southerly corner of said.~,ot 71; thence north 55° 091 20" East 205.00 feet. It was moved. by Councilman Summers, seconded. by Councilman Pend.er, that the grant deeds be accepted., and. the Clerk directed. to cause said instruments to be recorded. in the office of the Recorder of Los Angeles County. Roll Call: Ayes: Councilmen English, Finch, Pender, Rowe, and. Summers. Noes: None. Absent: None. The Manager advised. the City Council that the term of Personnel Board. Member Irvin Brockman expires on May 15, 1g59. Reservoir The Manager requested. authorization to prepare the necessary property legal instruments to provide for a better alignment of lot trade boundaries between the cityts reservoir sits property on approved. Wright Road. and. the ad.~acent property owned. by Mr. Audley Lytal. The Manager presented. a drawing showing the changes which provide an equal square footage trade of property. It was moved by Councilman. English, seconded by Councilman Pender, that the Manager be authorized to prepare said. documents. Roll Call: Ayes: Councilmen English, Finch, Pender, Rowe, and. Summers. Noes: None. Absent: None. Roy Sager It was moved. by Mayor Finch, seconded. by Councilman Pender, appointed. to that Mr. Roy Sager, 10306 State Street, be designated. as the Governorts cityts chairman on the Governorts Advisory Committee for Committee on Children and Youth. All members voting aye, the Mayor declared Youth. the motion duly carried-. .~„ The Mayor inquired if there were any oral communications, There was no responses It was moved. by Councilman Summers, seconded. by Councilman Pender, that the meeting be adjourned., All members voting aye, the Mayor declared the motion duly carried. f I 9 APPROVED MAY 5, 1959 T 0 D ;,,.