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HomeMy Public PortalAboutM 1967-02-21 - CCd~ ~`~ REGULAR MEETING FEBRUARY 21, 1967 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, Siokos, Smith, Stevens answered the roll call. It was moved by Councilman Byork, seconded by Councilman Siokos, and carried, that the minutes of the regular meeting of February 7 and Adjourned Regular meetings of February 10 and 14, 1867, be approved as written. .Res. 67-8 RESOLUTION N0. 67-8 entitled: "RESOLUTION OF THE CITY Demands COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS PRESENTED AND ORDERING WARRANTS DRAWN THEREFOR." was presented. It was moved by Councilman Stevens, seconded by Councilman Byork, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None Absent: None. ORDINANCES AND RESOLUTIONS .Ord. First An Ordinance entitled: "AN ORDINANCE ENACTING A NEW ..read re DIVISION 3 TO ARTICLE II OF CHAPTER 20 LYNWOOD CITY .palmistry CODE PROVIDING FOR THE REQUIREMENT OF SPECIAL PERMITS FOR CARRYING ON THE BUSINESS OF PALMISTRY, MEDIUMSHIP, .ASTROLOGY AND FORTUNE TELLING, REGULATING THE SAME AND ESTABLISHING A BUSINESS LICENSE FEE THEREFOR." was presented for first reading. It was moved b,y Councilman Byork, seconded by Councilman Stevens, that further reading be waived. All members voting aye except Mayor Smith who voted "no", the Mayor declared the motion carried. It was moved by Councilman ByorX, seconded by Councilman Siokos, that the ordinance be accepted as read for the first time. and passed to the second reading. Mrs. Diana Adams, 12520 Long Beach Boulevard, addressed the Council to ask the reason for presenting the ordinance again, and Mayor Smith explained that it was found that the palmistry ordinance acted upon on February 10, 1967, failed to pass by a 4/5 majority as required by State law. He also informed her that she could not conduct her palmistry business until such time as an ordinance is passed. Ro11 Call: Ayes: Councilmen Byork, Siokos, Stevens. Noes: Councilman Smith. Absent: None, Ord. 819 ORDINANCE N0. 819 entitled: "AN ORDINANCE AMENDING ORDINANCE Establishing N0. 570 FOR THE PURPOSE OF CLASSIFICATION OF CERTAIN Century #2 PROPERTIES KNOWN AS CENTURY BOULEVARD ANNEXATION N0. 2 Annex zone AND THE ADOPTION OF AN AMENDED SECTION OF THE ZONING MAP WHICH IS A PART OF SAID ORDINANCE N0. 570." was presented for second reading. It was moved by Councilman Byork, seconded by Councilman Siokos, and carried, that further reading be waived. ~~l.~t~ It was moved by Councilman Byork, seconded by Councilman Siokos, that said ordinance be adopted as read for the second time, finally passed and be published as required by law. Roll Call Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: None. '~` An Ordinance entitled: "AN ORDINANCE OF THE CITY OF LYWNOOD AMENDING CHAPTER IX OF THE LYNWOOD CITY CODE RELATING TO THE CARRYING OUT OF CIVIL DEFENSE ACTIVITIES WITHIN THE CITY." was presented for first reading. The Man~.ger presented a report and recommendation on the adoption of the Civil Defense and Emergency Operations plan. The report described the organization and purpose of the emergency operations plan and recommended that the City Council adopt the "Civil Defense and Disaster Emergency Operations Plan" 1966 revision. It was moved by Councilman Siokos, seconded by Councilman Byork, that further reading be waived. All members voting aye, the Mayor declared the motion carried. 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, Siokos, Smith, Stevens. Noes: None. Absent: None. ~„ An Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 13.14 OF THE LYNWOOD CITY CODE SETTING UP AN ENTIRELY NEW SECTION UNDER THAT NUMBER AND ADOPTING CERTAIN PORTIONS OF THE CALIFORNIA ADMINISTRATIVE CODE BY REFERENCE AND AMENDING SECTION 13.15 OF THE LYNWOOD CITY CODE TO INCLUDE-WHAT WAS FORMERLY IN SECTION 13.14 IN SECTION 13.15." was presented. The Manager reported briefly that the purpose of the ordinance is regulation of those homes providing care for the aged, mentally deficient, narcotic addicts, alcoholics, returnees from State and County institutions, and all similar homes. It was moved by Councilman Stevens, seconded by Councilman Byork, that a hearing on the adoption of certain portions of the California Administrative Code be scheduled for the March 21, 1967, meeting. All members voting aye, the Mayor declared the motion carried. An Ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CITY ORDINANCE N0. 570 AS FOLLOWS: 1. AMENDING THE DEFINITION~OF "REST HOME" ON PAGE 8 THEREOF, 2. ADDING SECTION 3.03 PROHIBITING HOMES FOR THE AGED, HOMES FOR THE CARE OF THE MENTALLY DEFICIENT (BOTH ADULTS AND CHILDREN), HOMES FOR NARCOTIC ADDICTS, HOMES FOR ALCOHOLICS, HOMES FOR CERTAIN TYPES OF RETURNEES FROM STATE AND COUNTY INSTITUTIONS,. AND ALL HOMES OF A SIMILAR CLASSIFICATION, 3. ADDING SECTION 3.04 TO PROVIDE THAT WHERE THE TYPES OF PATIENTS OR INMATES INCLUDE THOSE BOTH WITHIN AND WITHOUT THE CATEGORIES DESCRIBED IN SECTION 3.03, THE LATTER SECTION SHALL BE DEEMED TO CONTROL THE USE, 4. ADDING SECTION 3.05 TO REQUIRE SITE PLAN APPROVAL, AND 5. ADDING SECTION 3.06 TO MAKE SECTION 16.40 Ord. First read Civil Defense activities Hearing for D-3 occupancy ordinance March 21, '67 Ord. First read establishing special perms procedure for various boarding house uses ~i~~ THRU 16.55 GOVERNING SPECIAL USE PERMITS PROCEDURE APPLICABLE." was presented for first reading. The Manager reported that the Planning Commission has reviewed the proposed ordinance which specifically defines the term "Rest Home" and excludes certain types of homes from residential areas unless a special permit is first obtained. The Planning Commission will have the discretion of approving the site plan for any use contemplated under the provisions of the ordinance, the procedure for which will be similar to that of a variance. Approval of the ordinance was recommended by the City Manage r It was moved by Councilman Byork, seconded by Councilman Ste-yens, and carried, that further reading be waived. It was moved by Councilman Byork, seconded by Councilman Siokos, that the ordinance Yee awcepted as read for the first time and passed to the second reading. Rol..-i Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. No?s: None. Absent: None. Res. 67-9 RESOLUTION N0~ 6`7-9 entitled: "A RESOLUTION OF THE Designating CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING CERTAIN street STREETS AS ONE-WAY STREETS, DESIGNATING CERTAIN STREETS traffic AS THROUGH HIGHWAYS, DESIGNATING CERTAIN INTERSECTIONS AS control STOP INTERSECTIONS, DESIGNATING RAILROAD STOPS, DESIGNATING ANGLE PARKING ON CERTAIN STREETS, DESIGNATING PARKING TIME LIMITS ON CERTAIN STREETS, DESIGNATING CERTAIN STREETS AS TRUCK ROUTES, AND PROHIBITING THE USE OF CERTAIN STREETS BY COMMERCIAL VEHICLES." was presented. The Council was informed that the Resolution contains all traffic contro-1 requirements presented in Resolution 60-20 and subsequent amendments. It was moved by Councilman Byork, seconded by Councilman Siokos, that the Resolution be adopted. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: None. The City Engineer's Debt Limit report on the proposed improvement of Josephine Street et al was presented. Res. 67-10 RESOLUTION N0~ 67-10 entitled: "A RESOLUTION OF THE Approving CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE debt limit REPORT OF THE CITY ENGINEER AND FIXING TIME OF HEARING report & IN THE MATTER OF THE PROPOSED IMPROVEMENT OF JOSEPHINE hearing date AVENUE ET AL." was presented. It was moved by Councilman Josephine ~t Byork, seconded by Councilman Siokos, that said resolution al 1911 Act be adopted. - Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: None. Res. 67-11 RESOLUTION NO.. 67-11 entitled: "A RESOLUTION OF THE CITY Adopting COUNCIL OF THE CITY OF LYNWOOD ADOPTING AN EMERGENCY new civil OPERATIONS PLAN FOR THE CITY OF LYNWOOD WHICH SUPERSEDES defense plan THE INTERIM PLAN ADOPTED IN NOVEMBER, 1956." was presented. It was moved by Councilman Siokos, seconded by Councilman Stevens, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None Absent: None. ~0,~9 ~~< 1. `a ~^ p ~.~; WRITTEN COMMUNICATIONS A letter from Gerald S. Goldberg, President of Abco Hardware and Builders' Supply, Inc., was presented. Mr. Goldberg commended the various department heads of the city for their fine cooperation during the course of his recent expansion programo It was moved by Councilman Siokos, seconded by Councilman Stevens, that the letter be accepted and filed. All members voting aye, the Mayor declared the motion carried. Abco Hardware expresses appreciation for coopera- tion of city employees __ Letters from the following persons: Letters a. W. E. Saling, 11221 Long Beach Boulevard concerning b. Delaney & Duvall, 11326 Long Beach Boulevard Council c. L. H. Pope, 11457 Long Beach Boulevard vacancy d. James L. Clark, 11941 Lindbergh e. Mr. & Mrs. Edwin E. Wilkinson f. Gary R. Grace, 3303 Century Boulevard g. E. C. Brown, 11223 Long Beach Boulevard h. Wilbur, Medart & Co., 3516 Century Boulevard i. Charles Walters, 11222 Long Beach Boulevard j. Charles S. Sheppard, Beulah V. Sheppard, Eugene R. Edwards, Barbara E. Edwards, Mrs. Lillian Kile k. Lynwood Jayceed Board of Directors, 12010 Long Beach Boulevard. concerning the existing Council vacancy were presented, and it was moved by Councilman Siokos, seconded by Councilman Byork, that the letters be accepted and filed and reviewed at a later time during an executive session. All members votipg aye, the Mayor declared the motion carried. REPORTS AND REQUESTS A request was presented from the Mental Health Association Mental 'He'alth of Los Angeles County for permission to conduct the Assoc. Fund "!"~' association's annual fund raising appeal during the month drive May '67 of May. It was moved by Councilman Byork, seconded by Councilman Stevens, that permission be granted. All members voting aye, the Mayor declared the motion carried. A request was presented from the Rio Hondo Area Council Frio Hondo of Camp Fire Girls, Inc for permission to conduct a Camp Fire capital funds drive from March 1 thru May 31, 1967. The Girls fund letter explained that the collectors will be the fathers drive March of the Camp Fire Girls who will wear no uniforms or sell to May 31, ' any product. It was moved by Councilman Siokos, seconded by Councilman Byork, that the request be granted. All members voting aye, the Mayor declared the motion carried. Mayor Smith asked that those doing the collecting obtain an identification card which the Chamber of Commerce has available for solicitations of this type. The City Manager reported that on March 1, 1966, the City Clarification Council approved a recommendation of the Planning Commission of Weisberg ~,,, to permit a variance for the construction of a 99-bed variance convalescent hospital on the west side of Los Flores Boulevard at Imperial Highway. In approving the variance the Council was concerned about the lack of off-street parking as only 11 spaces were provided. The Manager stated that it was his understanding at the time that Mr. Meyer Weisberg, the applicant, intended leasing the hospital to the same parties operating the Marlinda Hospital directly across the street on the east side of Los Flores Boulevard, and overflow parking from the new } ~~ ~~U(~ Clarifica- facility could be handled at the 54-space parking lot tion of on the Marlinda parking lot. The hospital approved in Weisberg March, 1966 is now completed but has not been leased variance to the operators of the Marlinda and no arrangements have been made by Mr. Weisberg for parking in addition to the 11 spaces on the premises. The report stated that the City Manager has directed that an occupancy permit be withheld from Mr. Weisberg pending clarification by the City Council of its intention in granting the variance. Mr. Martin I. Jackson, 6308 Pacific Boulevard, Huntington Park Attorney representing Mr. Weisberg, addressed the Council and stated that in his review of the documents available, the Planning Commission and the City Council approved the plot plan without specific conditions as to additional parking. He expressed the belief that his client was in a good legal position because no parking conditions were contained in the variance, and Mr. Weisberg has complied with the plot plan and should be granted an occupancy permit. Members of the City CounciJ_ who had been present at the March 1, 1966, meeting agreed that the variance was approved with the understanding that the parking facilities of the Marlinda Hospital would be available to the new hosp~_tal. Mro Weisberg, in addressing the Council, denied having assured the Council that the Marlinda Hospital parking would supplement the off-street parking facilities of the new hospital. Mr. Weisberg was asked by the City Council what his intentions were as to acquiring additional land for off-street parking and he stated he would make every effort to acquire more property, but he did not feel he would be successful He was also asked if he could negotiate with the operators of the Marlinda Hospital for use of a portion of their parking lot. After considerable discussion, it was suggested by the City Attorney that the Council adjourn to an executive session to discuss the matter, and the Mayor declared the meeting adjourned to an executive session. Following the executive session the Mayor called the meeting to order. Councilman Siokos stated that there is no doubt as to the statements made by Mr. Weisberg before the Council in stipulating that the hospital now waiting for an occupancy permit was to use the 54 spaces across the street and the Council should expect Mr. Weisberg to comply with the intent and express purposes using the 54-space parking lot. Councilman Siokos said he felt Mr. Weisberg had the responsibility to provide additional parking. It was moved by Councilman Siokos, seconded by Councilman Stevens, that the City Manager be instructed to direct the Building Inspector to issue an occupancy permit. All members voting aye, the Mayor declared the motion carried. Mr. Jackson informed the Council that Mr. Weisberg has assured him that he is going to try to work out some arrangement with the present lessee of Marlinda Hospital for use of the Marlinda parking lot. ~~ The City Manager reported that two quotations had been ,~~1~~ received from water supply engineering firms for a complete Recommendatio study of existing and future water system needs of the in-depth City, as previously discussed with the City Council, with water system the study to cover the following: Source of Supply, analysis Distribution System, Storage Facilities, Copt Estimates. The two quotations are: K. I. Mullen, $12,500, based on hourly figures; J. N. Covington Corporation, lump sum bid of $5;900. The Manager recommended that the City Council enter into a contract with J. N. Covington Corporation for a complete water survey for $5,900. It was moved by Councilman Siokos, seconded by Councilman Stevens, that the City Council concur in the recommendations of the City Managers Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: None The Manager presented a report of the Planning Commission Report on actions at its meeting of February 14, 1967, at which time Planning the following was recommended: Approval of a zone change Commission from R-3 to CB-1 of the lot directly west of the Robert actions Hall-Kinney Shoe Store buildings and, approval of a zone 2/14/67 change to CB-1 of the area bounded generally by Abbott Road, Century Boulevard, StockwelJ_ Drive, Norton Avenue and San Luis Avenue. The City Manager suggested that dates be established to interview the prospective consultants for the economic study proposed to be made. Those representing the Planning Commission will be Commissioners McJimsey, and Goldsworthy; Councilmen Byork and Siokos will represent the City Councilo It was agreed that times convenient to all would be arranged for the interviews. Suggested interview procedures with economic consultants The City Manager presented a report on proposed State Report on legislation directly affecting cities, the proposal covering proposed a wide range of subjects as follows: State laws directly 1. Assembly Constitutional Amendments 4 and 24 designed affecting to establish a property tax limitation and to provide a cities levy to offset revenue deficiencies caused by such ad valorem tax limits. 2. Assembly Bill 399 which permits general law cities to impose a State collected sales tax on cigarettes. The ` City Manager stated that the City Council should go on record as supporting this bill. 3. Assembly bills 94 and 173 Business Inventory Assessment Procedures. As the Manager believed there would be some positive gain to the city should these laws adopted, he felt the City Council should support these bills. 4. Senate Constitutional Amendment 8 which will apparently permit cities to invest surplus funds in savings and loan institutions. The Manager did not, however, recommend Council approval of this bill until more information can be obtained. 5. Proposal to combine 186.1 and 2107 Gas Tax Funds. The adoption of such legislation would combine into one law. two distinctive separate gas tax laws. Passage of this legislation would eliminate a great deal of paper work and administrative costs and would make available to Lynwood nearly $100,000 in additional gas tax money.. The Manager recommended that the City Council act favorably toward i)~(J Report on proposed State laws directly affecting cities. this proposed legislation. 6. Assembly Bill 363 requiring city arbitration in fire- fighter disputes. It was the Manager's opinion that such legislation is unnecessary in California cities. 7. Assembly Bill 369 concerns civil service apprenticeship. At this time the Manager made no recommendation on support of this proposal. 8. Assembly Bill 227 prohibiting the use of police back- ground investigations in hiring procedures. He expressed the opinion that this law would not gain much support since it would affect the hiring practices for nearly every position in the City. 9. Senate Bill 267 and Assembly Bills 274 and 259 - automatic presumption for heart and pulmonary diseases -- safety personnelo The Manager recommended that the Council oppose these proposed laws. _...10. Assembly Bill 127 - mandatory hiring standards for firefighting personnel. The Manager also recommended that this proposal be opposed. 11. Senate Bi11s 132 and 133 and Assembly Bills 244 and 245 extension of Brown Act requirements The law, if adopted, would require the courts to construe the Brown Act more liberally, require that all meetings composed of two or more members of any legislative body be open to the public, limit executive sessions with the City Attorney, and require all executive sessions be held only during a regular or special meeting with the further requirement that an announcement must be made of the matter to be discussed prior to the regular or special meeting. The Manager recommended opposition to this legislation. 12. Senate Bill 66 requires statutory declaration of preemption, and the Manager recommended support of this Seante bill. 13. Senate Bills 67 and 121 - local control of topless bars. The Manager stated that while the City Council has gone on record as supporting S. B. 121,he recommended that the support be reiterated by the City Council. 14. Local control over the issuance of alcoholic beverage licenses. Legislation has been proposed which would permit City Councils to protest the issuance of on-sale liquor licenses and by so protesting, automatically stop the issuance of the license. It would also require that all AB C: hearings for the issuance of such permits be held in the City where the bar is to be located. The Manager recommended that the Council support this proposal. As the City Council will be traveling to Sacramento on February 23 to visit the city's state legislators, the Manager suggested that the items to be supported or opposed be put in written form by him to be presented to the legislators on that date. It was moved by Councilman Siokos, seconded by Councilman Stevens, that the Council concur in the recommendations of the City Manager. All members voting aye, the Mayor declared the motion carried. The Manager reported that there are frequent complaints ~~~ "°~` a~ t~ ~) from property owners adjacent to the water well site at the northeast corner of Sanborn Avenue and California Avenue because of damage to their property caused by children playing on the City property, and as the southerly 69 feet of the property facing California Avenue serves no practical present or future purpose, it was~his recommendation that the City Council consider declaring the property surplus, acquire a general. appraisal of the value of the land, establish a sale price, and-list. ~-., the property with the Compton-Lynwood Board of Realtors. Any money received would be placed in the water account from which the property was originally purchased. It was moved by Councilman Byork, seconded by Councilman Siokos, that the City Manager be authorized to obtain an appraisal of the property and report to the City Council. All members voting aye, the Mayor declared the motion carried. Request to dispose of surplus City property The Mayor declared the meeting adjourned to executive session Execu'~ive for the purpose of discussing an appointment to fill an session existing vacancy on the City Council. Following the executive .session the meeting was again called to order. Council vacancy to The Mayor announced that after very serious discussion be filled of many persons for the existing vacancy, the Council has at March $ been unable to reach a decision and the City Council will meeting adjourn to wn executive session at the next regular meeting for further deliberation. ORAL COMMUNICATIONS Councilman Stevens reported on the recent visit of citizens from the village of San Vincente, Lower California, and thanked Chief Darton, Chief Riley and Recreation Director Snavely for their outstanding assistance in making their `' visit a pleasant one. Councilman Siokos commented that the courts have upheld ~.h ordinance regulating topless establishments, and suggested that enactment of a similar ordinance be investigated. Mr. Tony Derry, of the Herald American newspaper, questioned the Council's opposition to amendment of the Brown. Act to place greater restrictions on meetings of legislative bodies. Mre R. M. Robbins, x+049 Cortland, addressed the Council to object to the proposed improvement of Cortland Avenye by the removal of driveways approaches and replacement of curbs in locations where a garage has been made a part of the dwelling and the. driveway is now used for off-street parking. Mr. Robbins quoted Section 6 of Ordinance 709 which requires that when an existing driveway is no longer required that it shall be removed. Mr. Robbins stated that in his case his driveway is "required" for additional off-street parking, and he felt the approach should not be removed and replaced with a curb. The matter was discussed at length by the Council and it was agreed that the actual removal of Mr. Robbins approach could be delayed pending study of the ordinance to determine whether or not it has been interpreted correctly. 3~~ ADJOURN Adjourn It was moved by Councilman Stevens, seconded by Councilman Byork, and carried, that the meeting be adjourned. ~ , _~ City lerk, City of -' ynwood APPROVED MARCH 7, 1967