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HomeMy Public PortalAboutM 1967-01-03 - CC~ ~ ~~ REGULAR MEETING JANUARY 3, 1867 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 Smith in the chair. Councilmen Byork, Duncan, Siokos, Smith, Stevens answered the roll call. It was moved by Councilman Byork, seconded by Councilman Stevens, and carried, that the minutes of the regular meeting of December 20, 1966, be approved as written. Res. 67-1 RESOLUTION N0. 67-1 entitled: "RESOLUTION OF THE CITY Demands COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFORE." was presented. It was moved by Councilman Siokos, seconded by Councilman Stevens, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Duncan, Siokos, Smith, Stevens. Noes: None. Absent: None. PUBLIC HEARINGS Public Hear- The hour of 7:30 p.m. having arrived, said hour being ing on the time fixed for public hearing on the proposed extension extension of of Ordinance No. 807, an interim ordinance prohibiting Ord. 807 certain uses in R Zones, the City Clerk stated that notice of hearing had been published pursuant to Section 65858 of the Government Code. The Mayor inquired if any one present wished to be heard concerning the proposed extension of Ordinance No. 807. There being no response, the Mayor declared the hearing concluded. Ord. 815 ORDINANCE N0. 815 entitled: "AN ORDINANCE EXTENDING Prohibiting ORDINANCE N0. 807, AN INTERIM ORDINANCE OF THE CITY OF certain uses LYNWOOD AMENDING CHAPTER IV, V AND VI OF CITY ORDINANCE in any R N0. 570 PROHIBITING BOARDING HOUSES, LODGING HOUSES AND Zone REST HOMES WITHIN ANY "R" ZONE IN THE CITY OF LYNWOOD PENDING STUDIES BY THE PLANNING COMMISSION UPON THE SUBJECT OF WHETHER OR NOT TO REZONE THESE USES." was presented. It was moved by Councilman Byork, seconded by Councilman Stevens, that the ordinance be adopted and published as required by law. Mayor Smith explained that the ordinance provides fire and safety control for certain types of homes caring for less than six people, particularly those caring for returnees from mental hospitals. The question of extending the ordinance for a year was discussed, and the City Attorney informed the Council that the State Law provides for extension for a year at a time with no provision for lesser time. The Attorney also explained that an ordinance has been prepared for the Council's study which will supersede the ordinance extending Interim Ordinance No. 807.' The adoption of Ordinance No. 815 rather than subsequent adoption of an ordinance which will supersede the interim ordinance was objected to by Councilman Duncan. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: Councilman Duncan. Absent: None. ~~' The hour of 7:30 p.m. having arrived, said hour being the time fixed for public hearing on an appeal from the decision of the Planning Commission in approving the change of zone from C-2, C-3 and R-2 to CB-1 on Atlantic Avenue from Fernwood Avenue to Olanda Street, the Council was informed that notice of the hearing had been published and posted as required by law. The City Manager presented a report giving background of the proposed change of zone and stating that the major complaints against the .rezoning are due to a lack of understanding of the provisions of the CB-1 zone. Complaints center around the abatement of nonconforming uses and building, and the parking requirements. Section 13.05 B of the CB-1 ordinance provides that every non- conforming use in a conforming building has ten years to abate unless a conditional use permit or variance applies; Section 13.10 provides that the Planning Commission is responsible for determining the conditions of abatement for nonconforming buildings. Such buildings will not be required to be abated until needed by development of an area, and then only after public hearing. Section 12.04 establishes parking requirements which apply only to new structures and would not require modification of parking for existing buildings. The Manager informed the Council that if, after the hearing, it is in accord with the recommendations of the Planning Commission, it would be in order to adopt an ordinance effecting the subject zone reclassification. The Manager stated that he had received a petition signed by three persons protesting the change, and letters from Mr, and Mrs. Pete Panza and Michael Colman all opposing the proposed change of zone. The Mayor inquired if any one present wished to be heard. Mr. John Wrana, 11705 Atlantic Avenue, addressed the Council in opposition to the change as he believes it will interfer with the continued operation of his equipment rental business which involves some light manufacturing. He stated he has invested a great deal in his business and it would be impractical to relocate it. Mr. W. P. .Dyck, 12039 Atlantic Avenue, addressed the Council in. opposition to the proposed change because of the affect it would have on advertising signboards which he leases. Efforts o~ the Planning Commission and the City Council to establish a controlled business zone were explained to Mr. Dyck, and the opinion was expressed that CB-1 Zoning would enhance the value of the property and will encourage business Growth in that area. An Ordinance entitled: "AN ORDINANCE AMENDING ORDINANCE N0. 570 FOR THE PURPOSE OF RECLASSIFICATION OF CERTAIN R-r- PROPERTIES AND THE ADOPTION OF AN AMENDED SECTION OF THE ZONING MAP WHICH IS A PART OF SAID ORDINANCE N0. 570." „ was presented. It was moved by Councilman Byork, seconded by Councilman Stevens, and carried, that further reading be waived. It was moved by Councilman Duncan, seconded by Councilman Siokos, that said ordinance be accepted as read for the first time and passed to the second reading. Public hear- ing on appeal of P. C. decision to establish CB-1 zoning on Atlantic From Fernwood to Olanda Ord. First read CB-1 Zone established ~6 N Roll Call: Ayes: Councilmen Byork, Duncan, Siokos, Smith, Stevens. Noes: None. Absent: None. ORDINANCES AND RESOLUTIONS Ord. First An ordinance entitled: "AN ORDINANCE OF THE CITY OF read repeal- LYNWOOD REPEALING SECTION 3.12 WHICH PROVIDES THE FEES ing Sec. 3,12T0 BE CHARGED BY THE BUILDING INSPECTOR FOR PERMITS FOR of Code THE ERECTION OF SIGNS." was presented for first reading, (Sign permit Fees) The Manager explained that the affect of the ordinance would be to remove the existing sign permit fees which are extremely low ( a maximum of $3.00 regardless of the value of the sign). Sign permit fees will then be the same as those provided for building permits, that is, based upon valuation. 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 Councilman. Siokos, that said ordinance be accepted as read for the first time and passed to the second reading. Roll Call: Ayes: Councilmen Byork, Duncan, Siokos, Smith, Stevens. Noes: None. Absent : None . WRITTEN COMMUNICATIONS Claim of A claim for damages filed by Police Officer Thomas A. Officer Smyth for overtime not compensated for by time off was Smyth ~ read. After discussion of the appropriate action to referred to take, it was moved by Councilman Duncan, seconded by City Atty. Councilman Byork, that the claim be referred to the City Attorney for study and recommendation. All members voting aye, the Mayor declared the motion carried. Claim of A claim for damages filed by Police Officer Jack Stern Officer Sternfor overtime not compensated for by time off was referred to read. It was moved by Councilman Duncan, seconded by City Atty. Councilman Byork, that-the claim be referred to the City Attorney. All members voting aye, the Mayor declared the motion carried. REPORTS AND REQUESTS Volunteers The request of the Volunteers of America for renewal of America of their exempt license to collect salvage material granted within the City was presented. It was moved by exempt lic. Councilman Stevens, seconded by Councilman Duncan, and carried, that the exempt license for the Volunteers of America be granted. Deed to lts. A deed to Lots 240 and 241, Tract 2551, the purchase of 240, 241, Tr.which was recently authorized by the City Council, was 2551 acceptedpresented for acceptance. It was moved by Councilman Duncan, seconded by Councilman Stevens, that the deed be accepted. All members voting aye, the Mayor declared the motion carried. The City Clerk read the City Attorney's report on the licensing of palmistry businesses as requested by the Council at its last meeting. The report stated that ~~ ~ an ordinance which authorized. the existing business of palmistry to continue but excluded all others would be discriminatory and, therefore, unconstitutional. Councilman Duncan asked what would be valid, i.e., would two or three be valid. The City Attorney expressed the opinion that that is not ,,,_. the correct approach; that the ordinance should have been ', set up to provided that if there were to be more palmists that the applicant would be required to show that the public good requires another one. In other words, the applicant would apply for what is called a "certificate of convenience and necessity." Councilman Duncan asked if there were three palmists and a fourth came in, would it not be the same situation. The Attorney stated that a fourth applicant might be able to attack the ordinance on the grounds that it was discriminatory. Councilman Byork stated that in view of the fact that the business has been in the city for twenty years and entails a large investment, he thought the Adams family should be given an extension of time. Councilman Duncan stated his belief that it had been the intention of the Council to permit the present licensee to continue and he now felt the ordinance prohibiting palmistry should be rescinded. Councilman Siokos expressed concern about the time allowed for the licensee to discontinue the business ~--~ and asked if Mrs. Adams could not be permitted to continue since it would be a hardship not to do so. The City Attorney stated that the orddnance prohibiting palmistry will become effective on January 6 and either the Chief of Police could not enforce the ordinance or a new ordinance would have to be enacted repealing the ordinance, or an ordinance would be passed extending the time of the effective date. Councilman Stevens stated he was not in favor of the Council turning their heads nor in favor of having palmistry permitted for another year. The Attorney stated that unless Mrs. Adams has some idea of liquidating her business in Lynwood within a year, he could see no advantage in extending it for another year; he said no representation has been made to him that she needs that time to liquidate her business. Mrs. Gladys Towles Root, 212 South Hill Street, Los Angeles, Attorney representing Diana Adams, addressed the Council to state that there has been approximately $210,000 expended at the place of business; that she didn't know whether or not it could be liquidated within a year if it is Mrs. Adams' choice to do so. She stated that palmistry is sanctioned by the ordinance but that it is illegal for money to be raised that way. Councilman Duncan asked Mrs. Root if she had a suggestion and she replied that she felt it was the Council's intent to ban palmistry in a voluminous state within the City; that the regulation of this type of business rests in Report by City Atty on licensing of palmistry & discussion of ord.. prohibiting such busines `~`~'~ N Discussion the investigation of the applicant and that the City could of ord, regulate it by forming rules and regulations making the prohibiting applicant come up to certain financial, business and moral the business standards. of palmistry Mr. Ernest R. Hogue, 11220 Wright Road, addressed the Council to state that in the past he had been deprived of a license to operate a dump; that only one dump was permitted in the City. .~. The City Attorney suggested that if members of the Counei7. did not feel that the practice of palmistry an evil, then the ordinance should not be passed; that a business should not be prohibited unless it is believed to have such a tendency to evil that it is not subject to regulation. Councilman Duncan asked if it was possible to rescind the new ordinance as it is not yet in effect. The Attorney stated a new ordinance would have to be adopted as the present one has been finally adopted and it is now just a question of its becoming effective. In response to a query concerning limitation in terms of other persons operating, he said that provisions could be made for filing of applications, hearings on those applications and provisions that all subsequent applicants must show public convenience requires more palmistry businesses. The status of Diana Adams as to previous investigation was discussed and the City Attorney described briefly the manner in which the existing license was issued. It was moved by Councilman Byork, seconded by Councilman Stevens, that'the present ordinance be rescinded. The Mayor declared the motion out of order as the City Attorney had previously stated that repeal of the ordinance which becomes effective January 6 would have to be accomplished by adoption of an ordinance. Councilman Byork stated his intent was that if the new ordinance is rescinded that rules be set whereby everyone who proposes to go into the business will be investigated. Councilman Siokos stated he was not interested in opening up unlimited palmistry businesses in Lynwood, but he was concerned about a fair solution to the problem of the existing licensee closing out her business. The City Manager stated that if the new ordinance is repealed, the former ordinance governing special permits for palmistry would again be in effect, including the limitation of three palmists in the city. The City Attorney stated that if it was the Council's intention to reopen and investigate, he would suggest that the present licensee be permitted to operate pending investigation and processing of her application, and then the hearing would go forward and if the application be adverse he assumed she would not get a license, and if favorable, she would get one. He also said the motion should provide that the present licensee be permitted to carry on pending processing of her applica- tion and hearing by the City Council, and in that way the Chief of Police will not be placed in an embarrassing f a7 position; it will be done legally and efficiently. It was moved by Councilman Stevens, that the previous with a provision that Mrs.. operate until such time as her and the new ordinance applicants. Byork, seconded by Councilman ordinance be repealed (No. 812) Diana Adams be permitted to the investigation is made of :o include investigation of '~ Councilman Duncan expressed concern about the possibility of Mrs. Adams suing the City should she be prohibited from doing business for a month or six weeks pending adoption of a new ordinance, and directed a question to Mrs. Root concerning that possibility. Mrs. Root stated they were not interested in litigation and agreed that Mrs. Diana Adams would not sue the City of Lynwood pending that period of time and awaiting the action of the City Council; however, no rights were being given up nor were they waiving any right after that period. Councilman Siokos asked if the proposed permits could be given for a specified time and he was informed they could be, and could be made renewable every year. The subject of original applicants and subsequent applicants proving a need for more palmistry businesses was again discussed. Roll Call: Ayes: Councilmen Byork, Duncan, Siokos, Stevens. Noes: Councilman Smith. Absent: None. The Mayor declared a five minute recess. Following the recess, the meeting was again called to order. As requested at the December 20, 1966, meeting; the Manager presented a report of the Chief of Police concerning the Gunk. Shop, 12129 Atlantic Avenue. The report contained the information that the Gunk shop had relocated outside the City limits and no further action is required. The Manager presented a report on the request of Mr, and Mrs. Sheldon Thuet, 3346 Century Boulevard, for a variance to allow .construction of an addition to a legal nonconforming building in an R-3 zone. A motorcycle sales and repair shop is operated at that address and the applicant wishes to enclose an existing storage and work area for convenience and security. The Planning Commission found that the addition would not expand the business, but would improve the existing situation. The Planning Commission recommended the approval of the variance with the following stipulations: 1. A passageway be constructed an the east side of the property for access purposes; 2. That the variance be exercised, as per plot plan, within one year. It was moved by Councilman Duncan, seconded by Councilman Byork, that the Council concur in the recommendations of the Planning Commission. All members voting aye, the Mayor declared the motion carried. The Manager presented a report on the request of Mr. and Mrs. Theodore Staley, 4874-78 Abbott Road, for a variance to permit construction of eight garden apartments which will replace two existing structures. The Planning Ord, pro- hibiting palmistry to be repealed & new-ord. drawn Report by Police Chief on Gunk Shop Variance at 3346 Century approved <~® Variance at 4874-78 Abbott Road approved Commission recommended approval of the variance with the following stipulations: 1. A five foot wall be required along the entire east side of the property. 2. That the variance be exercised within one year. 3. That the plot plan be adhered to exactly. It was moved by Councilman Byork, seconded by Councilman Duncan, that the Council concur in the recommendations of the Planning Commission. All members voting aye, the Mayor declared the motion carried. Letter The City Manager presented a report on the recent impounding reporting on and subsequent death of a dog owned by Mr. Ernest Hogue accidental while the dog was in the custody of the pound. The Manager death of a stated that in addition to reviewing the circumstances dog from under which this regretful error was made, the Southern SPCA California Humane Society has expressed, as best they can, their apologies for the incident. Members of the City Council expressed their regret for what happened. and the hope that such an error will not occur again. It was moved by Councilman Siokos, seconded by Councilman Byork, that the report be accepted and filed. All members voting aye, the Mayor declared the motion carried. Surplus The City Manager reported that as in 1865 the City of water to be Whittier is making available their agreed pumping purchased allocation of 621 acre feet of surplus water which they from Whittierare willing to sell to the City of Lynwood for $15.00 per acre foot. The total cost of pumping this water would be $33.33 per acre foot as compared to a like amount of M.W.D. water which would cost $37.00 per acre foot, for a total savings of $2,279.07. The Manager recommended that the City Council approve an agreement with the City of Whittier to purchase 621 acre feet of water at $15.00 per acre foot and authorize the Mayor to execute such an agreement. It was moved by Councilman Siokos, Stevens, that the Council concur in of the City Manager to purchase 621 from the City of Whittier at $15.00 authorize the Mayor to execute said Roll Call: seconded by Councilman the recommendations acre feet of water per acre foot and agreement. Ayes: Councilmen Byork, Duncan, Siokos, Smith, Stevens. Noes: None. Absent: None. ORAL COMMUNICATIONS Appreciation Councilman Duncan stated that the residents in the area expressed forof Mariposa Lane and Century Boulevard are very pleased signals at with the signal which was recently installed at that Century & location. He also mentioned a call from a resident on Mariposa Virginia Street concerning disabled cars which have been left parked on the street for long periods of time. Councilman Stevens described seeing a fire at a Long Beach Boulevard location and the efficiency with which it was handled by the Fire Department. However, the area around the building constitutes a further fire hazard, and he asked that the matter be investigated and the owner of N Mri the property be required to clean it up. He also mentioned being informed a child had been bitten by a dog running at large and that it took the Southern California Humane Society one and a half hours to respond to the call to pick up the dog. He asked if it was not possible for the pound to respond more promptly to such calls. Councilman Stevens asked the members of the Press if it would be possible to give some publicity to the r- possibility of adopting the village of San Vincente in lower California as a "sister city" and asked for an ex ression of o p pinion from the citizens of Lynwood about such a project. Mayor Smith presented a service pin to the City Attorney, Mr. Howard Hemenway, for his 35 years of service to the City of Lynwood. Mayor Smith described an incident of which he had been informed where a local woman went to a restaurant and was set upon and harrassed by a group of juveniles, and asked the City Attorney to investigate whether or not it would be possible for the City to require the hiring of private guards at places of business in order that they might be continually policed. Mayor Smith asked members of the press to give some publicity to the hazards to bicycle riders who operate their bicycles at night without lights. Mr, George Henderson of the Lynwood Press addressed the Council to state that while the Press was in sympathy with the efforts to assist the Mexican village, that he hesitated to act without an expression of the Council's feeling in the matter. He was informed that the "sister city" project information had just been received and there had been no opportunity to study the requirements of establishing a "sister city" program. Councilman Stevens withdrew his request for such publicity pending study of the program, and agreed to provide a press release after the program has been investigated. Mr. Ernest Hogue, 11220 Wright Road, addressed the Council concerning the purchase of surplus water from the City of Whittier and questioned the possibility that purchasing such water rights might jeopardize further water supplies of the City of Lynwood. Mr. Hogue also thanked the Council for investigating the recent death of his dog while it was in the custody of the pound. Discussion o: adoption of San Vincente village as a "sister city' City Atty. yr. service pin Mr. Kenneth Thompson, 2652 E. 108th Street, addressed the Objection to Council to object to the manner in which the storm drain storm drain on Century Boulevard was designed as he maintains it has design on not benefited the area south of Century Boulevard in which Century Blvd. he lives. After discussing the matter with Mr. Thompson, it was moved by Councilman Siokos, seconded by Councilman Byork, that if the water problem is not solved when Santa Fe Avenue is completed, the installation of additional catch basins will be investigated. All members voting aye, the Mayor declared the motion carried. Mr. Albin Rauch, 3935 Le Sage Street, addressed the Council b V ~ ~ N Mme to ask if the owners cannot be required to clean the weeds on the Pelton property located on the south side of Imperial Highway east of Hulse Avenue. He also asked if certain traffic conditions at Santa Fe Avenue and Century Boulevard should not be. corrected. He was informed that the location described is in the City of South Gate. ADJOURN Adjoun It was moved by Councilman Byork, seconded by Councilman Siokos, and carried, that the meeting be adjourned. <~'~ ~ C tl y Clerk, City of Lynwoo~~ APPROVED JANUARY 17, X967 ayc~r~t- the city or Lynwoo