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HomeMy Public PortalAboutM 1965-06-15 - CCe)~7~ ~~ O REGULAR MEETING JUNr; 15. ~~~6 ~ The City Council of the City of ~;yn~.~ro;d rn~ ~; n a regular session in the City Hall, 11330 Bu)_:~s I~cad, on above date at 7:30 p.m. Mayor Siokos in the chair. Councilmen Ham, McMillan, Siokos, and Smith answered the roll call. Councilman Duncan was absent. It was moved by Councilman McMillan, seconded by Councilman Smith, that Councilman Duncan's absence be excused. All members voting aye, the Mayor declared the motion carried. It was moved by Councilman McMillan, seconded by Councilman Ham, that the minutes of the previous .nee~.ing of June 1, 1965, be approved as written. All members voting aye, the Mayor declared the motion carried. Res. 65-43 RESOLUTION N0. 65-43 entitled: "R~~SOLUTION OF THE CITY Demands COUNCIL OF THE CITY OF LYNWOOD nLLOW1NG AND APPROVING THE DEMANDS PRESENTED AND ORDEP~ING WARRANTS DRAWN THEREFORE.'' was presented. It was moved by Councilman Smith, seconded by Councilman Ham, that say d rPS~>1 ~.~*;.an be adopted. Roll Call: Ayes : Councilmen Ham, McMi1.l.~an, ~~- .o=fo~., ~~rrith. Noes: None. Absent: Councilman Duncan. PUBLIC HEARINGS Hearing - The hour of 7 : 30 p . m, having arr° i ~~eu . ~~._vci i~„_ i.::~~~ bE ing sidewalk the time fixed for public hearing c: ~:,r~e conr~ir~tration of repair assessment for the repair of certain sidewalk:; in the project City under the Improvement Act of 1911, the Clerk presented the Street Superintendent's affidavits of serving notice to repair and posting notices to repair, and the affidavit of mailing notices of costs of repairs, and notices of public hearing. The Clerk stated that no protests had been filed concerning the proposed assessments. The Mayor inquired if there was anyone present wishing to address the Council concerning this hearing. Mr. Jack Campbell, 3826 Virginia, addressed the Council to represent Mr. Glen Harrington owner of property on Redwood Avenue. He stated that Mr. Harr°ington had asked him to represent him at the hearing as N1r. Harrington is out of the City. He stated that Mr. Harrington's objection was to the removal of a driveway and the .installation of a curb in its place. He stated that the property had two driveway approaches which Mr. Harrington intended to use for a circular driveway, but that one had been removed; also that in Mr. Harrington's opinion only two squares of sidewalk needed repairing but that four squares were replaced. In the discussion that followed it was determined that Mr. Harrington's objection was not to the assessment but to the removal of the driveway. The Mayor asked if there were any others wishing to speak in objection to the proposed assessment. There was no response. It was moved by Councilman Ham, seconded. by Councilman 6 1 ~ ~}~~"J McMillan that the hearing be concluded. '~:i membQr~s voting aye, the Mayor declared the motion carried 4. RESOLUTION N0. 65-44 entitled: " A RESOLITI'lON OF' THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS OF SAID CITY DATED JUNE 15, 1965, RELATING TO CERTAIN SIDEWALK REPAIRS." was presented. It was moved by Councilman Ham, seconded by Councilman McMillan, that Resolution No. 65-44 be adopted. Roll Call: Ayes: Councilmen Ham, McMillan, Siokos, Smith. Noes: None. Absent: Councilman Duncan. The hour of 7:3o p.m. having arrived, said hour being the time fixed for hearing on the appeal from the decision of the Planning Comihi5sion in ~zpN..~•::7,%"-ng the. request of John M. Stadille and Edward C. F%;uleau for variance to permit the construction of ten-s:~ngle family dwelling units, twelve carports and four garages on the southerly 176 feet of Lot 9, Tract 51.03 (4225 and 4229 Imperial Highway) as per plot plan on file, the Mayor asked the Clerk for information per- taining to the hearing. The Clerk stated that notice of the hearing had been posted and pub7_~.shed as required by law. The Clerk stated that onJ_y one ~~.etter had been filed with reference to the hQari.ng, ~~i~?- enter being from Mr. Fred M. Ba1.1 in support ~f the appeal from the Planning Commission's decision. Mr. Ball's letter made the following pc~_nfi:` ; r.,hat the general area of the proposed variance i~ and hati been for many years substantially R-l; that JrA ~=~:bjec~. property is not land locked .and can be de~~eLop°d without. undue hardship for R-l use; that granting _~f' t.1e variance would adversely affect the comprehensive General Plan and that if Section 16.04 of Ordinance No. 570 is to be properly applied the variance must be denied. The Mayor inquired if the appellant was in the audience. Mr.`Charles G. Mills, 4234 Pendleton Avenue, addressed the .Council. Mr. Mills prefaced his remarks by stating that he has previously been employed by the County Regional Planning Commissioner as an assistant planner and is presently employed as assistant planner for a nearby City. He fated that before he purchased his. Home on Pendleton Avenue, he had made a survey of the area -and gone over the General Plan and was impressed with the stability of the area, and that had he known th~a a variance existed on the subject property for `16 units, he would not have purchased the adjoining property. Mr. Mills explained that he objected to the granting of the variance because of depreciation of property values of surrounding properties, excessive population density, inaccessibility of the rear portion .for fire protection, aggravation of existing traffic congestion, 'and resultant traffic hazards particularly to children,. loss of privacy and amenities, and loss of reliance on City Government to uphold coning regulations. Mr. Mills requested that three maps which he had presented a the Planning. Commission hearing be displayed. The three maps were placed on the wall for the Council's. study, one showing the development of the area, one , indicating;'ownerships and assessed valuations, and one .Res . 65-44 Confirmipg sidewalk- repa~.r Hearing - Rouleau - Stadille variance Tract 5103 (~ V• ~~ C Hearing - a proposed subdivision of the subje^t prcperiy, T~Ir. ~: ~ Rouleau - Mills stated that if an extension of the existing Stadille variance is granted, it will result in future variances variance on the remaining unimproved property to the east of the Tract 5103 subject property. He also expressed the opinion that in the future individual sites might be sold off. In support of the opinions expressed, Mr. Mills quoted briefly from the appraisal of real estate, published by the American Institute of Real Estate Appraisers.. Mr. Mills requested that the variance be denied as the applicant has not shown, as required by Section ""~"'"" 16.04 of Ordinance No. 5?0, that he cannot use the property for the use for which it is zoned; that the applicant has not been deprived of a property right; that it has not been proven that th~~ de~ael~;pmerlt y.~7i 11 not be detrimental to the public we __'ar~~ :;:~~ 'r~~ ~x°:i:~us to the pr•;.perty in such vicinity ,~,~~,~ ~_ ~riF a~~d ~..~~at it has not been proven that the cie~;~ ~.;;uuF,;;: .~; 1 _ ne, affect the comprehensive Genera7_ i:',:.:r. Mr. Ms.11s concluded by reques+,~~rl~ __.<. r;~,~; variance granted May, 1y64 be revoked !~.s r;lor,F- t~:ian a reasonable time has elapsed for the use ~' r~he= :~gnts granted by that variance, and he a1_so as~ceu ~.ha~ the zoning ordinance be amended to ir~ci.ude ~ tame iirnit on all variances granted and f.~~r discont,~~~u-~ng ~~f non-conforming uses. Mrs . Maxine Rouleau, 4229 Zmperia.l_ Iii ~rv:~,way, addressed the Council to give. a detailed h:ist,o~y c~~f r~°:~e property since its purchase by the Rouleau ar.d ~~tad ~_lle families in 1922 . Mrs . Rouleau urged appro-,ra:. •~f t;ne Planning Commission's decision because the exlepr,ion.: .;ize of the parcel make them unsaleable for R-~~ use. She also called the Council's attention to the r~urrerous variances granted for multiple use on adjacent property east of the subject property. A petition containing 166 names of persons favoring the variance was presented. A plot plan showing the variance granted in May, 1864 and the proposed variance was displayed for the Council's study. Future sale of portions of the land was discussed and the City Attorney stated that the lot split ordinance would prevent such lot splits without prior approval of the Planning Commission, and that the property could not be split into parcels less than 6,000 square feet in area. Mr. John M. Stadille, 4224 Pendleton, addressed the Council and stated that in his opinion subdivision of the land would be impractical and would result in lots of an undesirable size. Mr. Stadille stated that the Imperial Highway traffic problem would not be aggravated and as to parking, the 1 1/2 to 1 garage requirement would be fulfilled. As to vistor parking, there would be parking space for approximately ten automobiles in front of the development. Mr. Mills presented a map of the area showing the parcels of those owners who favored revocation of the previous variance and denial of the proposed variance. A copy of the original petition irl favor of the proposed variance was presented by Mrs. Rouleau. Councilman Ham stated that in view of the fact that there is an existing variance on the back portion of the property 357- he could see nothing detrimental in the proposed variance. ~iearing - He moved that the Council concur in the recommendations of Rouleau - the Planning Commission in approving the request of John M. Stadille Stadille and Edward C. Rouleau for a variance to permit the variance construction of ten-single family dwelling units, twelve Tract 5103 carports and. four garages on the southerly 176 feet of Lot 9, Tract 5103 as per plot plan on fi1e~ It was moved by Councilman Smith, seconded by Councilman Rouleau - Ham, that the motion be amended to add that a ten foot Stadille. perpetual easement for driveway purposes be granted by variance each property owner to the other and recorded in the granted ' Office of the County Recorder of Los Angeles County, and that construction of the development be commenced within one year. Roll Call: Ayes: Councilmen Ham, McMill~.h, Siokos, Smith Noes: None. Absent: Councilman Duncan. Roll Call on the original motion. Ayes: Councilmen Ham, McMillan, Siokos, Smith. Noes: None. Absent: Councilman Duncan. A five minute recess was declared. Following the recess, the Mayor called tn,~ meeting to order. ORDINANCES AND RESOLUTIONS ORDINANCE N0. 777 entitled: "AivT ,~Rr~~:°~ ': ~'i;__; '.i'''Y COUNCIL OF THE CITY OF LYNWOuD SL?'.i:.NG '_ '. _. ? ):% PLACE FOR A PUBLIC HEARING ON THE VACh'I~~~.~i~ _tizi~~%.4 FE AVENUE ON PORTIONS OF LOTS 2 AND 3 0':~ :`-ii~; 5~~=~- DIVISION OF THE J. J. BULLIS 76.11 ACRE TRACT." was presented for second reading. It was moved by Council- man Smith, seconded by Councilman-McMillan, that further reading be waived. All members present voting aye, the Mayor declared the motion carried. It was moved by Councilman. Ham, seconded by Councilman McMillan, that Ordinance No. 777 be adopted as read for the second time, finally passed, and published as required by law. Roll Call: `Ayes: Councilmen Ham, McMillan, Siokos, Smith. Noes: None. Absent: Councilman Duncan. The Street Superintendent's report on weed abatement costs for the 19.65-66 fiscal year was presented. RESOLUTION N0. 65-45 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ENGINEER'S REPORT, AND AUTHORIZING LEVY OF ASSESSMENT COVERING THE EXPENSE OF ABATING DRY AND DRYING WEEDS FOR THE 1965-66 FISCAL YEAR." was presented. It was moved by Councilman McMillan, seconded by Councilman Smith, that said resolu- tion be adopted. Roll Call: Ayes: Councilmen Ham, McMillan, Siokos, Smith. Noes: None. Absent: Councilman Duncan. ord. 777 Vacation of portign of Santa Fe Ave. Res: 65-45 Annual weed abatement assessment The City Clerk presented her Certificate of Sufficiency and that of the County of Registrar of Voters certifying. that a sufficient number of registered voters had signed 38~ Atlantic the petition requesting the City Council to call a special Annex No. 6 election to determine whether or not ?:he ',erritory known as "Atlantic Avenue Annexation P~1o: 6" should be annexed to the City of Lynwood. The petit; .ion was signed by the requisite number of qualified electors and the signatures were secured within the time prescribed by law. Res. 65-46 RESOLUTION N0. 65-46 entitled: "A RESOLUTION OF THE CITY Intention to COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO call special CALL A SPECIAL ELECTION IN CERTAIN INHABITED TERRITORY election for CONTIGUOUS TO SAID CITY PROPOSED TO BE ANNEXED THERETO, Atlantic FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS Annex No.6 RESIDING IN SAID TERRITORY THE QUESTION WHETHER OR NOT SAID TERRITORY SHALL BE ANNEXED TO THE CITY OF LYNWOOD, AND FIXING A TIME AND PLACE WHEN AND WHERE ANY PERSCN OWNING REAL PROPERTY WITHIN SUCH TERRITORY M4`i Ar'PEAR BEFORE SAID CITY COUNCIL AND SHOW C:4t1SE WIIY SUCK TERRITORY SHOULD NOT BE SO ANNEXED. ~ATLAN`I'IC AVE1vUE ANNEXTION N0. 6)." was presented. It was moved by Councilman Hart-i, seconded by Councilman Smith, that said resolution be adopted. Roll Call: Ayes: Councilmen Ham, McMillan, S_~okos, Smith. , Noes: None. Absent: Councilman Duncan. WRITTEN COIvIMUNICATIONS . Herbert A letter from Percy H. Herber ~~ ts~~~,~•:i :~~ r ras resignation resigns from from the Vehicle Parking i?is4 Y~_c~ ``~ ~ ;, rn ',ads presented. Parking It was moved by Ccunc~.lmar_ I~,~~l r~ __ 1, ~ < <-:~ ~,, Council- Commission man Smith, that Mr. Herber` ' ~ r~~ ~~,t , ~_ - ;t ~ ..~ <,~~pt;ed with regrets, ar~d that a letter be se i~: ~;" ,„~a.~~ 1:2r~g, him for his fine service to the cammuni~y - ~~ : . ~f>:t_ °'y~ ~~,oting aye, the Mayor declared the motion ~ar~=iec:a . REPORTS AND REQUESTS Requests for Requests were presented from certain organizations for exemption of exemption from the business license fee to conduct fire- license fee works sales stands as follows: for fireworks sales granted a. Lynwood Post 3902, Veterans of Foreign Wars, at the northwest corner of Brenton and Century. b. Lynwood Bethel No, 2~-8, International Order of Jobs's Daughters, at the northeast corner of Beechwood and Atlantic. c. Boy Scout Troop No. 60, at 11716 Long Beach Boulevard. It was moved by Councilman Ham, seconded by Councilman Smith, that the requests for exemption from the business license fee to .conduct fireworks sales stands be approved, subject to compliance with the regulations governing the sale of safe and sane fireworks in the City of Lynwood. All members voting aye, the Mayor declared the motion carried. Williams A request from Donald Williams was presented for a special granted permit to conduct a fireworks sales stand at Cherokee and permit to Long Beach Boulevard,. It was moved by Councilman Ham, sell fire- seconded by Councilman McMillan, that said special permit works be granted subject to compliance with the regulations governing the sale of safe and sane fireworks in the. City of Lynwood, All members voting aye, the Mayor declared the motion carried. ~~~ 0 ~, ~: 389 The request from the California Intelligence Bureau, 1709 W. 8th Street, Los Angeles, for a permit to solicit member- ships and exemption from the business license fees was presented. The investigative report of the Police Department was also presented. The report explained that the California Intelligence Bureau provides a service to its members in the form of a monthly bulletin-regarding any charitable or philanthropic organization which might be soliciting for funds. The report of the Police Chief was presented in which he stated that investigation failed to reveal any reason the permit should not be granted. After discussion, it was moved by Councilman Ham, seconded by Councilman Smith, that the special permit to solicit for memberships be granted on payment of the required license fee. All members voting aye, the Mayor declared the motion carried. The request of the American Missionary Society for a permit to solicit for funds was presented together with the Police Department investigator report which stated that the required information had not been received. It was moved by Councilman Ham, seconded by Councilman McMillan, that the permit be denied due to lack of information that has been requested. All members voting aye, the Mayor declared the motion carried. The request of the Lower Lights Gospel Mission of Los Angeles, Inc. was presented together with the Po11ce Department investigative report which recommended denial. It was moved by Councilman Ham, seconded by Councilman Smith, that the request be denied for lack' of information. All members voting aye, the Mayor declared the motion carried. ORAL COMMUNICATIONS Councilman Ham introduced a discussion concerning the problem of the location of a possible area for a future shopping center and zoning of a particular area where such a development could take place. He stated that he felt the matter should be referred to the Planning Commission for study. There was general agreement among the members of the City Council of the desirability and necessity of encouraging commercial development through zoning. The City Manager informed the Council that the term of Planning Commission member John Byork expires this month. He also informed them that the term of Mr. James Ellerman as a member of the Vehicle Parking District Commission has expired. Councilman Ham asked the City Manager if it would be possible to have a telephone booth installed near the picnic area in the park. Mr. Erickson assured him that this could be done. F""' Mr. Jack Cleland presented before and after pictures of the dwelling located at the corner of Fir and Lynwood Road.. The pictures illustrated the splendid job of beautification that has been done. Calif. Inte111gence Bureau granted solicitor's permit upon payment of license fee American Mis- sionary Soci- ety denied solicit permit Lower Lights Gospel Mission denied solicit permit Discussion. concerning location of possible future shopping center Plctures of beautification at Fir and Lynwood Road Mr. and Mrs. George Samuelson, 11720 State Street, addressed the Council to complain about a suspected zoning violation adjacent to their home. In the discussion which followed, Mr. and Mrs. Samuelson. were assured the matter would be 39~ thoroughly investigated. Kanka askes Mr. John Kanka, 5131 East Walnut, asked about the status about status of the Annexation of the territory in which he lives. of his The City Manager informed him that the proposed annexation annexation comes before the Local Agency Formation Commission for hearing next week. Mr. V. W. Christian, 5162 Abbott Road, South Gate, addressed the Council to state that his research of the City records indicates that in the past mayor businesses desiring to "^ locate within the City may not have done so because of zoning. Mr. Christian also questioned the validity of the petition filed by the Chamber of Commerce members in opposition to the proposed Unimart dptrelopment on Imperial. Highway. It was moved by Councilman Smith, seconded by Councilman McMillan, that .the meeting be adj ouraned. all zriembers voting aye, the Mayor declared the motion carried. ~~ // r ,~ City~Clerk, City of Lynwood APPROVED JULY 6, 1965 lr ~ f M yor of the City of Lynwood