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.
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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
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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
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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