HomeMy Public PortalAboutM 1967-06-06 - CC~~~
REGULAR MEETING JUNE 6, 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 Byork in the chair.
Councilmen Byork, Siokos, Smith, Stevens answered the roll
call.
It was moved by Councilman Siokos, seconded by Councilman
Smith, and carried, that the minutes of the regular meeting
of May 16, 1967, be approved as written.
Res. 67-38 RESOLUTION N0. 67-38 entitled:
Demands COUNCIL OF THE CITY OF LYNWOOD
DEMANDS PRESENTED AND ORDERING
was presented. It was moved by
by Councilman Green, that said
Roll Call:
"RESOLUTION OF THE CITY
ALLOWING AND APPROVING THE
WARRANTS DRAWN THEREFOR."
Councilman Stevens, seconded
resolution be adopted.
Ayes: Councilmen Byork, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
Mayor Byork read a proclamation honoring the Southern
California Gas Company on the occasion of the celebration
of its centennial year.
PUBLIC HEARINGS
Hearing - The hour of 7:30 p.m, having arrived, said hour being the
Josephine. time fixed for hearing on the matter of the improvement of
1911 Act Josephine Street between Atlantic Avenue and the east city
Improve. boundary and on portions of Wilson Avenue, Louise Avenue
and Alice Avenue between Josephine Street and Lavinia Avenue
by the construction of concrete curb, gutter and driveway
approaches, together with all incidental and appurtenant
work, the City Clerk presented affidavits of publishing,
mailing and posting notices of said proposed improvement
and stated that no written protests have been filed.
The Mayor inquired if anyone wished to be heard concerning
the proposed improvement. As there was no response, the
Mayor declared the hearing closed.
Res. 67-39 RESOLUTION N0. 67-39 entitled: "RESOLUTION OVERRULING
Overruling PROTESTS AND DETERMINE THAT THE CITY COUNCIL HAS ACQUIRED
protests & JURISDICTION TO ORDER THE PROPOSED WORK OR IMPROVEMENT IN
ordering THE MATTER OF THE IMPROVEMENT OF JOSEPHINE AVENUE BY THE
work CONSTRUCTION OF CONCRETE CURB AND GUTTER AND DRIVEWAY
Josephine APPROACHES, TOGETHER WITH ALL INCIDENTAL AND APPURTENANT
1911 Act. WORK." was presented. It was moved by Councilman Green,
seconded by Councilman Stevens, that said resolution be
adopted.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
Res. 67-40 RESOLUTION N0. 67-40 entitled: "RESOLUTION ASCERTAINING
Per Diem AND DETERMINING RATE OF PER DIEM WAGES FOR CERTAIN CLASSES
Wages OF LABOR IN THE MATTER OF THE IMPROVEMENT OF JOSEPHINE
Josephine AVENUE BY THE CONSTRUCTION OF CONCRETE CURB AND GUTTER
1911 Act AND DRIVEWAY APPROACHES, TOGETHER WITH ALL INCIDENTAL
AND APPURTENANT WORK." was presented. It was moved by
Councilman Smith, seconded by Councilman Stevens.
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Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens...
Noes: None..
Absent: None.
RESOLUTION N0. 67-41 entitled: "RESOLUTION ORDERING THE
WORK AND DIRECTING THE CITY CLERK TO GIVE NOTICE INVITING
BIDS IN THE MATTER OF THE IMPROVEMENT OF JOSEPHINE AVENUE
BY THE CONSTRUCTION OF CONCRETE CURB AND GUTTER AND
DRIVEWAY APPROACHES, TOGETHER WITH ALL INCIDENTAL AND
APPURTENANT WORK." was presented. It was moved by Council-
man Smith, seconded by Councilman Siokos, that said
resolution be adopted.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
The Clerk informed the City Council that the Lynwood
Jaycees had requested time to present their proposed
4th of July program.
Mr. Dick Pierce, 5263 Niland, Jaycee President, addressed
the Council to describe the activities planned for the
4th of July celebration. These include, among other
things, a pancake breakfast, concession and game booths
to be operated by various service and fraternal organiza-
tions, a parade, sky-divers, band concert, children's
games, bingo, pony rides, dog show and a barbecue dinner.
He explained that the Jaycee project for the year is
to provide two dugouts on Powell Field. He answered
questions concerning the parade route and the old car
show and stated that public liability and property
damage insurance would be provided as required by the
City.
It was moved by Councilman Siokos, seconded by Councilman
Stevens, that the Jaycees be granted permission to conduct
their annual old-fashioned 4th of July in the City parka
Councilman Stevens commented
and commended the group for
are doing in the community.
ORDINANCES AND RESOLUTIONS
on various Jaycee projects
the outstanding work they
Res. 67-41
Giving NoticE
of inviting
bids
Josephine
1911 Act
Jaycee
4th of July
program
ORDINANCE N0. 832 entitled: "AN ORDINANCE OF THE CITY OF Ord. 832
LYNWOOD AMENDING ORDINANCE N0. 570 FOR THE PURPOSE OF Approving
RECLASSIFICATION OF CERTAIN PROPERTIES AND THE ADOPTION Pelton Zone
OF AN AMENDED SECTION OF THE ZONING MAP WHICH IS MADE A Change R-2
PART OF SAID ORDINANCE N0. 570." was presented for to CB-1
continuation of second reading.
The City Attorney informed the Council that Mr. James S.
Pelton owner of the property has executed an agreement
covering development of a proposed shopping center. He
stated that the agreement provides that the property
will developed pursuant to the plot plan or file, except
as it may be modified by the Planning Commission and the
City Council. The agreement provides for the construction
of a building of not less than approximately 84,000 square
feet, with no accessory buildings being less than 6,000
square feet. If and when the ordinance is adopted, Mr.
Pelton will be required to erect a block wall on the
south and west property lines to a maximum of eight (8)
feet with the wall on the west line to be step down
at the north property line as required by the Lynwood
Ci~-v Code. As to the east property line at the option
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Ord. 832 of Mr. Pelton it will be developed with either a block
held over wall or chain link fence as long as the adjacent property
to ending of is used for a school or other non-residential use'. The
meeting City Attorney also stated that the agreement covers the
first phase of the construction, the 84,000 square foot
building, market, fencing and paving. The developers
are faced with financing and title insurance problems
in that the agreement will be recorded in the Office of
the County Recorder and these recordings are examined
by the title companies. The first phase will be
constructed on a construction loan and in the interim,
he will arrange for permanent financing, and that is
where financing problems arise as it is very difficult
to borrow money with covenants or agreements recorded
that are too restrictive or unusual. Financial
institutions depend on the title companies for title
insurance and they do not loan unless the title is
insured, and the title company is chary about issuing
a policy of title insurance where the agreements are
too restrictive or too unusual. With the war situation,
materials might become scarce and loans might become
impossible to obtain. There are many imponderables,
and as to the construction of the remainder of the
development, Mr. Pelton will construct facilities as
he leases. Once the first phase has been fulfilled,
the City Council will quit claim its rights in this
agreement so Mr. Pelton will not have any problems in
his permanent financing and by then the Council will
know if he is acting in good faith; and if the agreement
is acceptable to the City Council, it would be in order
to adopt the subject ordinance.
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The fence between the subject and the school property adjacent
to the east was discussed, with Councilman Smith questioning
the advisability of having a chain link fence adjacent to the
existing school property.
The City Manager sugested that a combination block wall of
not to exceed 42 inches and chain link fence to the desired
height might be preferrable.
After considerable discussion of the fencing requirements
the meeting proceeded to other matters on the agenda
pending revision of the agreement by the City Attorney.
Ord, first An Ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD
read provide AMENDING SECTION 8.1 OF THE LYNWOOD CITY CODE BY AMENDING
research THE TITLE THERETO AND ADDING SUBSECTION (d) TO AUTHORIZE
fees BUILDING INSPECTOR TO CHARGE AND COLLECT AN INSPECTION
FEE IN CERTAIN CASES." was presented for first reading.
It was moved by Councilman Smith, seconded by Councilman
Siokos, and carried, that further reading be waived.
The City Manager reported briefly that many requests are
being received by the Building Department for research
of old records, and the research consumes a great deal
of time which is costly to the City.
It was moved by Councilman Smith, seconded by Councilman
Stevens, that said ordinance be accepted as read for the
time , and passed to the second reading.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
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WRITTEN COMMUNICATIONS
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A letter was presented from Carl A. Bristol, Master Lynwood Lyn. Masons
Lodge No. 600 Free and Accepted Masons, in which he thanked thank Council
the City Council for its cooperation during the 48th annual re Observance
Observance of Public Schools Week sponsored by the Grand of Public
Lodge of Free and Accepted Masons of California. Schools Week
It was moved by Councilman Green, seconded by Councilman
Smith and carried, that said letter be accepted and filed.
REPORTS AND REQUESTS
A request from the National Cystic Fibrosis Foundation Cystic
was presented, for permission to conduct their annual Fibrosis
fund drive from September 1 to 15, 1967• fund drive
9/1 to 9/15
It was moved by Councilman Siokos, seconded by Councilman
Stevens, and carried, that said permission be granted.
A request from the Los Angeles County Epilepsy Society Epilepsy Soc.
for permission to conduct their annual fund drive during fund drive
the month of July, 1967, was presented. month of July
It was moved by Councilman Smith, seconded by Councilman
Green, and carried, that said permission be granted.
A request was presented from Job's Daughters Bethel No. Various fire-
248 for permission to conduct a fireworks sales stand works sales
at 3645 Imperial Highway (Conditional Use Permit granted stand permits
by the Planning Commission on May g, 1967), granted
It was moved by Councilman Siokos, seconded by Councilman
+^ Stevens, and carried, that said permission be granted
subject to the rules and regulations governing the sale
of safe and sane fireworks within the City of Lynwood.
A request was presented from the American Legion for
permission to conduct a fireworks sales stand on the
south side of Imperial Highway east of Santa Fe Avenue.
It was moved by Councilman Green, seconded by Councilman
Smith, and carried, that said permission be granted
subject to the rules and regulations governing the sale
of safe and sane fireworks within the City of Lynwood.
A request was presented from the Knights of Columbus
for permission. to conduct two fireworks sales stands
at 3888 and 2971 Imperial Highway.
It was moved by Councilman Siokos, seconded by Councilman
Stevens, and carried, that said permission be granted
subject to the rules and regulations governing the sale
of safe and sane fireworks within-the City of Lynwood.
A request was presented from Boy Scout Troop #60 for
permission to conduct a fireworks sales stand at
11716 Long Beach Boulevard.
It was moved by Councilman Siokos, seconded by Councilman
Green, and carried, that said permission be granted
subject to the rules and regulations governing the sale
of safe and sane fireworks within theCity of Lynwood.
A request was presented from the Lynwood VFW for
permission to conduct a fireworks sales stand at
Brenton Avenue and Century Boulevard.
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Various- It was moved by Councilman Green, seconded by Councilman
fireworks Smith, and carried, that said permission be granted
stands subject to the rules and regulations governing the sale
approved of safe and sane fireworks within the City of Lynwood.
A request was presented from Job's Daughters Bethel
No. 58 for permission to conduct a fireworks sales
stand on the southwest corner of Atlantic Avenue and
Olanda.
It was moved by Councilman Siokos, seconded by Councilman
Green, ~.nd'carried, that said permission be g"ranted
subject to the rules and regulations governing the
sale of safe and sane fireworks within the City of Lynwood.
A request was presented from the Disabled American
Veterans Auxiliary No. 86 for permission to conduct a
fireworks sales stand at 3831 Century Boulevard.
It was moved by Councilman Stevens, seconded by Council-
man Green, and carried, that said permission be granted
subject to the rules and regulations governing the
sale of safe and sane fireworks within the City of
Lynwood.
A request was presented from the Disabled American
Veterans for permission to conduct'a fireworks sales
stand at 11300 Bullis Road.
It was moved by Councilman Stevens, seconded by Council-
man Green, and carried, that said permission be granted
subject to the rules and regulations governing the
sale of safe and sane fireworks within the City of
Lynwood.
A request was presented from the Y.M.C.A. Indian
Guides for permission to conduct a fireworks sales
stand at 11408 Atlantic Avenue.
It was moved by Councilman Siokos, seconded by Council-
man Green, and carried, that said permission be granted
subject to the rules and regulations governing the
sale of safe and sane fireworks within theCity of
Lynwood.
Economic The City Manager read again his report on the hiring of
Research consultants for an economic survey of the downtown business
.Assoc. surveydistrict which he had presented at the meeting of May 16,
..downtown 1967, and said he thought the City Council should concur
.business in the recommendations of the Council committee to engage
dist. the services of Economic Research Associates to conduct
the survey.
It was moved by Councilman Green, seconded by Councilman
Siokos, that the City Council accept the recommendations
of the screening committee and engage the services of
Economic Research Associates for the economic study of
the downtown business area.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
Revision of At this time the City Attorney stated that the Pelton
'Pelton agreement has been revised as to the fence along the east
agreement property line to read "He shall have the option of erecting
approved a block wall or a chain link fence .wi th a height not less
than eight (8 ) feet, or a combination of both, pursuant to
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approval of the site plan by the Planning Commission."
It was moved by Councilman Siokos, seconded by Councilman
Green, that the Council accept the agreement and authorize
the Mayor to execute said agreement on behalf of the City.
Mr. Jerry Rokos, 12217 Bullis Road, addressed the Council
to ask if to the Council's knowledge, the K-Mart store has
agreed to lease the building of approximately 84,000 square
feet, and if an agreement such as is being considered has
ever been tested in the courts, and if so, what was the
decision. He stated he was concerned about the matter
because of its importance to the community and questioned
whether or not the use of variance would not be more
effective than a land-use agreement.
He was informed by the City Attorney that a land use
agreement has been adjudicated in other states but not in
the Supreme Court of California, to his knowledge, however
it is the agreement of the best legal minds that this type
of agreement is enforceable.
Mr. Rokos asked what type of action the City would bring
if the need arose and he was told it would be an action
for specific performance, a mandatory injunction, or a
combination of both.
After further discussion on the merits of the use of a
variance as opposed to a land use agreement, all members
voted aye on the motion, and the Mayor declared the motion
carried.
It was moved by Councilman Stevens, seconded by Councilman
Green, that Ordinance No. 832 be adopted, finally passed,
and be published as required by law.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
The City Manager presented a report which stated that the
Western Gear Company has submitted a request for limited
parking on Bellinger Street north of Flower Street.
Because. of the expansion of Western Gear facilities, it
is anticipated there will be resulting traffic congestion
and as a means of reducing it, it is desirable that no
parking be established on the east side of Bellinger from
Flower Street north to the Western Gear property (136 feet)
and two-hour parking on the west side of Bellinger for the
same distance. As no other parcels front on the subject
area, only the applicant would be affected. The Manager
recommended that an appropriate resolution be adopted
effecting the requested parking restrictions.
RESOLUTION N0. 67-42 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD SUPPLEMENTING RESOLUTION N0.
67-9 DESIGNATING PORTIONS OF A CERTAIN STREET WHERE PARKING
DURING CERTAIN HOURS IS LIMITED." was presented. It was
moved by Councilman Smith, seconded by Councilman Green,
that said resolution be adopted.
Roll Call:
Ayes: Councilmen Byork, Green, Siokos, Smith, Stevens.
Noes: None.
Absent: None.
Revision of
Pelton
Agreement
approved
Request for
limited park-
ing on Bellin
ger St.
approved
Res. 67-42
Limiting park
ing on Bellin
ger St.
The City Manager presented a, report on the proposed Report on
improvement of Wright Road. from Fernwood Avenue to street con-
Century Boulevard, the project to entail reconstruction struction
of the north and south ends of the roadway and overlay of projects
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Bid Call the middle portion of the street. The project is estimated
Wright Rd. to cost approximately $25,219 to be financed from 186.1
Project Gas Tax Funds. The M anager recommended that the Council
June 19,'67. aut horize advertising for bids for said project, bids to
be received no later than June lgth, 1867, at 10:00 a.m.
in the Office of the City Clerk.
It was moved by Councilman Siokos, seconded by Councilman
Green, and carried, that the Council concur in the recommendation
of the City Manager in authorizing a call for bids for the
improvement of Wright Road from Fernwood Avenue to Century
Boulevard. ''
Recommenda- The City Manager presented a report on pending Senate and
tions re Assembly bills some of which the City Council has already
pending expressed views upon, as follows:
State
legislation 1. A.B. 2454 amending the 186.1 gas tax law to eliminate
matching provisions which would result in freeing general
fund money for purposes other than road work. It was moved
by Councilman Siokos, seconded by Councilman Smith, and
carried, that the City Council support passage of A.B.
2454.
2. S.B. 1213 which would remove exemptions from sales and
use tax for utilities operating within the City and would
result in additional revenue to the City of approximately
$7,000. It was moved by Councilman Green, seconded by
Councilman Stevens, and carried, that the City Council
support passage of S.B. 1213.
3. A.B. 2395 establishing
Telephone Company revenues
$15,000 additional revenue
moved by Councilman Smith,
and carried, that the City
A.B. 2395.
a franchise
which would
if the bill
seconded by
Council sup
payment of 2q of
result in approximately
is passed. It was
Councilman Siokos,
fort passage of
4. A.B. 399 which would permit general law cities to
levy a local sales tax on cigarettes. Based upon present
per capita estimates such a tax would provide an additional
annual revenue of approximately $166,000. It was moved by
Councilman Stevens, seconded by Councilman Green, and
carried, that the Council support passage of A.B. 399.
5. A.B. 363 and 1262 referring to firefighters and public.
employees labor organizations would require collective
bargaining as to wages, hours, working conditions, etc.
culminating with a contract with the labor organization.
representing these employee groups. It was moved by
Councilman Stevens, seconded by Councilman Green, and
carried, that the Council oppose passage of A.B. 363 and
1262.
6. A.B. g01 and 902 would make law enforcement a state-wide
interest rather than of local control and would permit the
state legislature to make findings regarding salaries,
retirement, fringe benefits, etc. for policemen. It was
moved by Councilman Green, seconded by Councilman Stevens,
and carried, that the City Council continue to oppose these
two bills.
7. S.B. 48g to establish that no city could require fire
personnel to be on duty more than 56 hours per week. It was
moved by Councilman Smith, seconded by Councilman Green,
and carried, that the Council oppose passage of S.B. 48g.
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8. A.B. 2410 would establish that cities are responsible Recommendations
for any damage caused by mobs or riots. It was moved by re pending
Councilman Stevens, seconded by Councilman Green, and State
carried that the Council oppose passage of A.B. 2410. Legislation
g. A.B. 1944 would prohibit cities from making their
own street name signs (the city presently has sign making
equipment and signs are made by City personnel during
rainy weather}. It was moved by Councilman Siokos, seconded
by Councilman Green, that the Council oppose passage of
A.B. 1944.
ORAL COMMUNICATIONS
Councilman Green commented that the job of painting parking
spaces on Atlantic Avenue has been well done.
He also commented on the recent hearing held on the
location of another bank in the City, and moved that the
City Council go on record as favoring location of the
bank in Lynwood and that a letter be directed to the
State Banking Commission to that effect. The motion
was seconded by Councilman Siokos. All members voting
aye, the Mayor declared the motion carried.
Mayor Byork suggested that a small picture accompany the
various plaques at the Freedom Memorial, and asked if the
Freedom Memorial committee had considered anything of this
kind.
Mr. Richard Bowen informed the Council that the possibility
of placing pictures in the Freedom Memorial has been
discussed by the committee, but that no decision has
been made.
Councilman Smith asked the City Manager to investigate the
matter of the trash trucks beginning collection before
6:00 a.m.
Mr. Albert.Putnam, 11200 Sampson Avenue, addressed the
Council to question a prior opinion of the City Attorney
concerning a land use agreement, and he was informed by the
City Attorney that he had given an opinion that the City
Council could not by covenant control the kind of business
that was established, but that covenants were enforceable
as to parking areas, size of buildings, etc.
Mr. Rausche, 3935 LeSage, inquired if the CB-1 Ordinance
was going to be amended to give final control to the
City Council, and Councilman Smith said he had been
convinced that such a right of appeal to the City Council
was both unworkable and unnecessary.
Mr. Rausche also suggested that in connection with the
development of the former Seventh Day Adventist property
that the ordinance be amended to provide for a wall of
more than 8 feet, but that the final decision be up to
the City Council.
Councilman Siokos asked that the City Attorney be instructed
to provide an amendment to the fence ordinance to permit
the construction of fences up to the height of eight feet.
Council. favors
new Bank in
Lynwood
Discussion..
re amendment
to fence ord.
Mr. Richard Bowen, 11468 Copeland, inquired about drainage
of the Seventh Day Adventist property and he was assured
that proper drainage will be provided.
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The Mayor announced that the Council would adjourn to executive
session concerning personnel matters.
Following the executive session, the meeting was called to
order.
ADJOURN
Adjourn to It was moved by Councilman Siokos, seconded by Councilman
4:05 p.m. Smith, and carried, that the meeting be adjourned to
June 12, 1967Monday, June 12, 1967, at 4:05 p.m.
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`Cit Clerk, City of nwood
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APPROVED JUNE ,2A, 1g67
or of the~City of Lynwood
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