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HomeMy Public PortalAboutM 1967-05-16 - CC~- RE.~tiLAR MEETING MAY 16, 1G6 The City Council of the City of Lynwood met in a regular session in the City Ha119 11330 ~jullis Road, or~ above date at 7:30 p.m. Mayor Byork in the chair. Councilmen Byork, Siokos, Smith, Stevens answered the roll call. Councilman Green was absent. It was moved by Councilman Siokos, seconded by Councilman Stevens and carried, that Councilman Greens absence be excused. It was moved by Councilman Stevens, seconded by Councilman Siokos, and carried, that the minutes of the regular meet- ing of May 2, 1967, be approtTed as written. Res. 67-35 RESOLUTION NO. 6`7-3j entitled: "F,ESOLT.~TION OF THE CITY Demands COUNCIL OF THE CITY Or LYivW00D ALLOWING AND APPROVING THE DEMANDS PRESElVTTED A ~'D OR.DERING WARRANTS DRAWN THEREFOR. " was presented. It was rrioved by Councilman Smith, seconded by Councilmen Siokos, that said resolution be adopted. Roll Call: Ayes: Councilmen ~-~~rork9 Siokos, Smith, Stevens. Noes: None. Absent: Councilman Green. Mayor Byork welcomed a group of Girl Scouts present in the audience. Mayor Byork read a pr.cc,_a::zation concerning the Scout-O-Rama to be held June 3, 167. Mayor Byork proclairrzed the week of June 5 - ~ as "Law Enforcement Recognition Week." ORDINANCES AND RESOL~TTIONS Ord. Secgnd An ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD reading - AMENDING ORDINANCE N0. 57G FOR THE P~TRPOSE OF RECLASSIFICATION >approving OF CERTAIN FROPERTIES Ai~]D THE ADOPTION OF AN AMENDED SECTION 'Pelton Zone OF THE ZONING MAP WHICH IS MADE A PART OF SAID ORDINANCE N0. ':change to 570." was presented for second reading. (Change of zone 'CB-1 from R-2 to CB-1 of a parcel of approximately 11.55 acres (Adventtist fronting on Imperial Highway east of Hulme Avenue, a portion property) of Home Tract in Rancho San Antonio, commonly referred to as the Seventh Day Adventist Property). It was moved by Councilman Siokos, seconded by Cou.ncilrnan Smith and carried, that further reading be waived. It was moved by Coa.ncilmar Siokos, seconded by Councilmar. Smith, that said ordinance be adopted as read for the second time, finally passed and be published as required by law. Councilman Smith stated that he had two questions concerning the proposed ordinance: (1) that he felt the right of appeal under the new CB-1 ordinance should be to the City Council, particularly where a project of the magnitude of the proposed development is•concerned, whether the appeal is from the developer or from the people affected, and (2) he has learned that the city fence ordinance specifically prohibits fences in excess of six feet and he felt the City Council,. through the Planning ComzTzissior.~, should have the right to ask for an eight foot wall, if there is a need for a wall of that height. Councilman Smith asked if an urgency ordinance could be passed as to fence height which could be made retroactive and applicable to the ordinance under discussion if it Ordinance - were passed at the present meeting. Ho was ir_f°ormed by second reading the City Attorney that it could not be done as there is no Pelton zone real urgency under the law, but that the fence height change could be controlled by written agreement. As to providing right of appeal by other than the applicant under the CB-1 zone ordinance,. he was informed that the matter would have to be sent back to the Planning Commission and second reading on the ordinance could be continued to a subsequent date. ...., In discussion, members of the Council expressed general agree- ment as to right of appeal and concern about delaying thr~ zone change pending amendatory provisions as to maximum fence heights and appeal rights. Councilman Stevens asked if an eight foot fence would. be more acceptable to the people adjacent and said that possibly the fence was no problem to either Mr. Pelton or the affected residents. He asked M~°. Pelton if he would be williYig to agree to an eight foot wall if it appeared desirable, Mr. James Pelton, 6000 West Pico Boulevard, Los Angeles, stated he would be willing to provide the eight foot wall except as to heights adjacent to the street where visibility must be provided for saf"ety reasons. He questioned whether or not the residents realized the affect an eight foot wall would have on a yard area, pa~~tic~ularly if the yard be 25 to 30 feet deep. He said he dial not think such a wall would be aesthetically desirable but he ~°ould have ro objection to providing such a wall. The Manager stated that a wall would be required to be stepped down in order that visibility would be provided for those entering and leaving the parking lot. Mr. Wallace Minder, 4201 Elan~wood Avenue, stated he has dis- cussed the wall with Mr. Pelton as it affects the Seventh Day Adventist School, and he believes the fence could be of block construction to the point of lowering the height and the remainder could be of comparable height but of chain link construction. He expressed his concern about protection of school. property as well as Mr. Pelton~s property, and des- cribed the schoolts present problems with trespassers. Mr. Albert Putnam, 11200 Sampson Avenue, stated he was not familiar with Lynwood~s oz°dinances but that the City of .Los Angeles requires a wall separating commercial from residen- tial property, and he was infcrm~ed that Lynwood has sirriilar requirements. Mr. Rauch, 3935 Le Sage, stated he was in agreement with Councilman Smith because the Councilmen are the peoplets elected representatives. Mr. Jerry Rokos, 12217 Eullis Road, spoke in support of Councilman Smiths contention that both applicant and affected resident should have a right of appeal to the City Council. Mr. Pelton described the procedure he anticipated following, such as discussion with department heads concerning fire and police protection, and with the building department prior to preparing the plot plan, and Gour,cilman Smith agreed that the Council would want him to deal with the city personnel, but that he felt the Council should have actual control. Mr. Pelton expressed concern about undue delay because of commit- ments with lessees, and Councilman Smith expressed the opinion that the delay would not affect the planning process and would not adversely affect the project. .~ r f ~ Ordinance - Mr: '.Henry Baron, 1801 Avenue of the Stars, Beverly Hills, second read-...explained the problems of delay with relation to the major ing-Pelton tenant and prospective additional ter_ants, and said. final zone change execution of the major lease cannot be accomplished until rezoning is obtained and the plot plan approved The City Manager pointed out that in matters that are dele- gated to the wilding Department there is no right of appeal, and Councilman Smith emphasized that he was concerned about something being overlooked, Mr. Joe McMillan, 3y05 Paim Avenue, addressed. the Council to urge that the zone change be approved. After considerable discussion of possible means to provide control of the proposed project, the City Attorney read the portion of the CB-1 ordinance relative to appeal and stated that the ordinance does not provide rights of appeal to the City-Council by the applicant. The ordinance provides that if the City Manager rejects the site plan, the applicant only can appeal to the Planning Commission, and all the Planning Commission passes on is whether the plan complies with the CB-1 ordinance. Mr. Ernest Hoge, 11220 Wright Road, urged approval of the ordinance as the building department can control all the construction and the developer has agreed to comply with the wishes of the Cit,~T Council. ' Mrs. King, 3958 Le Sage, =;xpressed the opinion that the people should have the right to appeal any action. Mrs. Anita Birkholm., 40,'4 Louise, spoke in favor of approving the zone change, as did a "fir. ?~cDcnald . Mr. Charles Storms, rr~.ember of the Planning Commission, said the proposed zone change as well as the CB-1 zone ordinance had received the Commi,ssiones~careful study and approval. Councilman Smith resterated that the Council was only trying to be sure that they have the power to .regulate the CB-1 zone to its fullest extent, and he was not opposed to the zone change. Mayor Byork declared the meeting adjourned to executive session. Following the executive session, the meeting was called to order. Councilman Siokos stated that because of certain legal pro- blems and to allow time for preparation of an agreement to provide minimum requirements for the proposed development, he moved that second reading of the subject ordinance be continued to the next meeting. Motion seconded by Councilman Stevens. All members present voting aye, the Mayor declared the motion carried. ORDINANCE N0. 830 entitled; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDI?'vG ORDINAIV-CE NOo 570 FOR THE PURPOSE OF RECLASSIFICATION OF CERTAIN PROPERTY AND THE ADOPTION OF AST AMENDED SECTION OF THE ZONING MAP WHICH IS A PART OF SAID ORDINANCE N0, 570." was presented for second reading. Lot 417, Tr. 7984). It was moved by Councilman Smith, seconded by Co~.ncilman Siokos, and carried, that further ~~°eading be v~raived . ~~" It was moved by Councilman Siokos, seconded by Councilman Stevens, that said ordinance be adopted as read for the second time,frially passed, and be published as required a~ by law. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: Councilman Green. ORDINANCE N0. 831 entitled: "ATv ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA ADDING A NEW CHAPTER TO THE LYTvW00D CITY ~,,., CODE GOVERNING AND CONTROLLING PROFESSIOPdAL ENTERTAINMENT AND THE PREMISES WHEREIN AND WHEREON SAID PROFESSIOT~AL ENTERTAIN- MENT IS CONDUCTED, AND THE LICENSI7~`G~ THEREOF." was presented for second reading. It was moved by Councilman: Siokos, seconded by Councilman Smith, and carried, that further reading be waived. It was moved by Councilman Siokos, seconded 'by Councilman Stevens, that said ordinance be adopted as read for the second time, finally passed and be published as required by law. Councilman Siokos stated he did not want to imply that he condoned this type of entertainment and also he was of the opinion that the high cost oY' administering and enforcing the ordinance should be borne in some way by the operators of topless establishments and not by the citizens. The Oity Attorney told him the fees could be amended at this time but the ordinance would have to go back to first reading. Councilman Stevens asked if there is a new ruling by the Courts could the topless establ3shrnents be stopped, and the Attorney told him that could be done if the law is amended, but that the subject ordinance is within the present decision. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent: Councilman Green. Ordinance 831 Entertainment approved. The City Manager reported that on or before June 1 each year Gas Tax Funds the City is required to submit a proposed budget for the ex- report penditure of gas tax funds to the State Department of Public Works, Tt is anticipated that in the next fiacal year, the city will receive approximately $194,808, budgeted as follows: Engineering, $10,000 for cost of plan preparation, contract administration, and survey work on major city street. Construction (1) Fernwood Avenue (south roadway) between Harris Avenue and Wright Road (widening, curb, gutter, new base and surface. Estimated cost $68,000. (2) Atlantic Avenue and Imperial Highway. Traffic signal modification for left turn signals and raised traffic islands. Estimated cost $25,000 The report indicated that 6G~ of the revenue may be used for general maintenance of any city street ar_d 40~ must be used for ~"" construction projects on Select System streets. The Manager recommended adoption of the required resolutions. RESOLUTION N0. 67-36 entitled: "RESOLLTTTON OF TIDE CITY Res. 67-36 COUNCIL OF THE CITY OF LYNWOOD ADOPTING T~UDGET PROPOSAL FOR adopting EXPENDITURE OF FUNDS ALLOCATED ITNDER SECTION 2107.5 OF THE budget for STREETS AND HIGHWAYS CODE," was presented. It was moved by 2107.5 funds. Councilman Stevens, seconded by Councilman Smith, that said resolution be adopte d. ~J~ Roll Call: Ayes: Councilmen r3york, Siokos, Smith, Stevens. Noes: None. Absent: Councilman Green. Res. 67-37 RESOLUTION N0. 67-37 entitled: "RESOLTJTIO~d OF THE CITY COD~dCIL Gas Tax Fund OF THE .CITY OF LYNWOOD ADOPTING AND SUBMIT'I`I1`3~G A BUDGET FOR Budget EXPENDITURE OF FUI~dDS ALLOCATED FROM THE STATE HIGHWAY FU7VD TO adopted. CITIES." was presented. It was moved by Councilman Stevens, seconded by Councilman Smith, that said resolution be adopted. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes; None. Absent: Councilman Green. WRITTEN COMMUNICATIO~~SS Refuse trans-A letter from the City of South Gate was presented in T,ahich fer station the City of Lynwood was urged to oppose the expansion of South Gate the County Sanitation Districtts refuse transfer station urges located at Garfield and Southern Avenues. The City of South opposition. Gate opposes such expansion because of its intention to develop Assistance for Compton Youth Center project requested. nearby land for fine residential and commercial areas. After discussion, it was moved by Councilman Siokos, seconded by Councilman Stevens, and carried, that the request be tabled pending further information. A letter from Mr, John W. Beaudoin, representing the Compton California Youth Center was read. Mr. Beaudoin explained that the Youth Center will sponsor Lee Taylor and his jet boat at Guntersville, Alabama in July, 1967, and requested financial assistance oM the project. After discussing the problem of the use of public funds for such assistance, it was moved by Councilman Siokos, seconded by Councilman Smith ar?d carried, that the letter be accepted and filed. Participa- A communication from the Los Angeles County Board of Supervisors tion in was presented in whcih was described recommendations made by delinquency the Los Angeles County Delinquency and Crime Commission=s pub- .inquiry lic inquiry program on the causes and possible remedies ~'or program, crime snd delinquency at the neighborhood and community level. The Board of Supervisors asked for co-operation of all public agencies in the public inquiry program to the end that citizens may participate in the process of defining community needs and in bringing about im~~rovement. It was moved by Councilman Siokos, seconded by Councilman Stevens and carried, that the matter be referred to the Lynwood Coordinating Council and that the communication be accepted and filed. Mental A letter from Mrs. Anita Birkholm, Chairman of the Lynwood Health Com- Coordinating Council Mental Health Committee was read. Mrs. rnittee Birkholm~expressed the groupts appreciation for the use of letter of Room 2, Bateman Hall, ar~d informed the Council that the appreciation.lectures have been very well received by all who have attended. It was moved by Councilman Stevens, seconded by Councilman Siokos and carried, that the letter be accepted and filed. REPORTS AND REQ~;ESTS `Pigeon Requests for permits to liberate pigeons for excercise and :permits racing were presented from the following persor_s, pursuant granted. to Section 4.13 et seq., Lynwood City Code: Paul Barrios, 2731 East 110th Street, Rick Schell, 4265 .Walnut Avenue, Terry Hormell, 4269 Walnut Avenue. The purpose of liberating such pigeons was discussed, and Mr. Albert Putnam addressed the Council to describe methods of training racing pigeons and the necessity for liberating them. ~t It was moved by Councilman Siokos, seconded 'ay Councilma~~ Pigeon permit Stevens, and carried, that the requested permits be granted. granted The request of the American Legion Auxiliary for permission Poppy sale to sell veteran poppies on the streets on May 26 and 27, permit 1967, was presented. It was moved 'cy Councilman Stevens, granted. seconded by Councilman Smith, and. carried, that permission be granted. r-- The City Manager reported that every five years the cityts general service agreement with Los Angeles County must be renewed, and this extension. of agreement must be approved prior to June 1, 1967. He explained that the agreement permits the County of Los Angeles to perform various services such as property assessment, tax collection, engineering and road construction and street striping. These services are used only when the city is not equipped to perform a certain function or when the work can be performed more economically by the county. The Manager recommended-~that'the City Ccuncil request an extension of the General Services agreement with the County of Los Angeles to become effective July 1, 1967, and terminating June 30, 1972. It was moved by Councilman Smith, seconded by Councilman Stevens, that the Council concur in the recommendation of the City Manager. All members present voting aye, the Mayor declared the motion carried. The Manager reported on the request of Frank F. and Barbara Diane Karpischek for a quitclaim deed to an unused water line easement at the peer of their property at 11174 Carson Drive (Lot 53, Licensed Surveyors Map). As the easement is of no value to tree city or the Water Department, the Manager recom~r~ended that the Counc~.l grant the requested quitclaim deed. It was moved by Councilman Stevens, seconded by Councilman Smith, that the Council concur in the recommendation of the City Manager . Roll Call; Ayes; Councilmen Byork, Siokos, Smith, Stevens. Noes; None. Absent; Councilman Green. The Manager reported that Mrs. Hazel Matchniff, formerly a part-time employee in the Police Department recently hired as a regular employee, became ill with 'pneumonia. Mrs. Matchniff has exhausted her sick leave credits and has requested a 60-day leave of absent to recuperate. The Manager stated that Mrs. Matchniff has been an outstanding part-time and full time employee and recommended that the Council approve a 60-day leave of absence commencing May 5 and extending to July 4, 1967. It was moved by Councilman Siokos, seconded by Councilman Stevens, that the Council concur in the Managers reco:~.endation. All members present voting aye, the Mayor declared the motion carried. The Manager presented a report on the request of the Chamber of Commerce to amend the 1966-67 budget by transfer of under-expended items (Los Angeles County Fair, National r'-- Advertising, Fourth of July) to the following over-expended j items; Christmas Parade, Special Welcome Parties, Candy Canes, Local Newspaper Ads, Band Festival. As the Council has stipulated that the Cham~"er may not exceed the amount allocated for any one iter~~ described under the general heading of advertising arld publicity without prior written approval of the City Manager, and as the Manager and City Attorney have mutually agreed to limit the discretion granted the City Manager to a $50 adjustment, the Chamber is appealing directly to the City Council for an adjustment Request to extend Genera: Service Agree ment approved Quitclaim to water line easement approved (Lot 53, L.S. Tract). Leavy of absence approved - Matchniff . Chamber of Commerce budget adjust- ment requester ~:. a _... . ~'.E "W iy.,. ~ 1w_.y.. .+.~.. ... n 'M: .~~1~ Chamber of Commerce budget adjustment approved. totaling $1,347.53 for the above mentioned over-expended accounts, the amount to be transferred from the under- expended accounts which total $1,475.34. Mr. Norman Wasserman addressed the Council to explain the reason for the under-expenditure in the .Fourth of July account and the over-expenditure in the Christmas Parade account (due primarily to transportation costs to bring various parade ur_its to the city). Mr. Jerry Rokos, 12217 Bullis Road, addressed the Council to remark that the Council=s control of the Chamber expenditures is through the budget, and only expenditures from the budget are legal. He stated that the Chamber is asking the Council to legalize expenditures which were made illegally. Mrs. King, 3959 Le Sage Street, addressed the Council to inquire what transportation costs dvere involved in the Christmas Parades, ar~d she was informed that it is customary for the Chamber to pay the cost of transporting participating bands and other parade units to the city. Councilman Siokos asked if the requested transfer of funds has been recommended by the Chamber Board and Mr. Wasserman said it has been. It was moved by Count:ilman Stevens, seconded by Councilman Siokos, that the request of the Chamber of Commerce for permission to transfer $387.53 from National Advertising and $800.00 frorr~ the Fourth of July accounts to offset the over-expended accounts be approved. Roll Call: Ayes: Councilmen Byork, Siokos, Smith, Stevens. Noes: None. Absent; Councilman Green. Budget The City Manager reported tY~at the proposed 1867-68 budget '.Session has been completed ar_d his narrative report will be mailed :6/2/67 4 pm to the Councilmen prior to June 1. He asked that a date be set for discussion of the proposed budget . It was deter- mined that such a budget discussion would be held on Friday, June 2, 1867, at 4 p.m. ,Surplus The Manager reported that as authorized by the City Council ,property - on April 18, 1867, the surplus property located at the corner 'Sanborn & of Sanborn and California Avenues was listed with the Compton- California L nwood Board of Realtors for sale for $8,000. An: offer of ;Counter $,000 cash less ecmmission has been submitted for the +offer to be Council=s considerat1.on. It was moved by Councilman Siokos, ;made. seconded by Councilman Smith, that the City Manager make a counter proposal. Ail members voting aye, the Mayor declared the motion carried. .Telephone The Manager reported on the bid received for construction of Equipment a telephone equipment room as authorized by the Council on bids to be May 2, 1967. One bid was received for $11,345 and while it re-advertis~3 appears reasonable, the Ma nager felt the city should have additional bids to be sure the lowest possible ',price is being obtained. He pointed oat that bids were requested for the building construction acid separate bids far the electrical work, which may have been confusing to the bidders. He recommended that the City C-~ancil reject the present bid and re-advertise for a single bid or: the entire. project to be received in the City Cierkts office no later than l0 a.m. on June 16, 1867. It was moved by Councilman Siokos, seconded by Councilman Stevens, and. carried, that the City Council concur in the recommendati ons of the City Manager. l~ The Manager presented ~ report on the proposed economic survey of the downtown business district which contained a brief history of the Councils decision to employ grofes- sional consultants to conduct the survey. He reported that; a committee of two members of the City Council and two members of the Planning Commission interviewed representa- tives of four companies. Spec~..fications were prepared for a basis upon which the consultants could bid. The work will be carried out in three phases and the Council will have the right tv terminate any agreement upon completion of each phase, if this appears desirable. On may 5 the Committee reviewed quotations from the various consultants and determined to recommend the firm of Economic Research Associates, as the representatives of this company made the best presentation during the interviews and the firm sub- mitted the lowest 3-phase bid of $11,000. A copy of Economic Research Assoeiates4 proposal was furnished each member of the Council. Mr. Edward Fuhrman, 4319 Pendleton, addressed the Council to state that he felt a very fine organization was selected, and offered to assist the program in any way possible. After a brief discussion.p Ma?,ror Byork directed that the matter would be held over to the next meeting to allow all members of the Council to study Economic Research Associatf~s~ proposal. ORAL COMMUNICATIONS Councilman Stevens commented on the need for repainting the Council Chambers, and also commented on the dedication of the Freedom Memorial scheduled. for. Sunday, May 21. Mr. Albert Putnam, 11200 Sampson Avenue, inquired what disposition was made of Councilman Smiths request concern- appeal provisions"in the CB-1 ordinance, and he was informed no action was taken on the matter. Mr. Richard Bowen, 11469 Copeland Avenue, addressed the Council concerning progress of the Freedom Memorial to ~e dedicated Sunday, May 21 at 1 p.m., and provided information regarding its cost. He informed them that the Moral Re- armament Sing Out group would be present for the ceremony and on their behalf, requested permission for them to sell copies of their song book and records in the park on Sunday. Mr. Bowen also informed the Council that he has requested an application to file for a second All America city award. It was moved by Councilman Stevens, seconded by Councilman Siokos, that the Moral Rearmament group be granted permission to sell their material in a booth in the city park on May 21,1967. All members voting aye, the Mayor declared the motion carried. It was moved by Councilman Stevens, Smith, and carried, that the meeting r-- y er y o y woo seconded by Councilman be adjourned. Downtown business area survey report Freedom Memoria 1 report. Adjournment. APP VED J NE 6, 19 J. M ' ~o w~,f., .~ri .-,1 _y Lynwoo