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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. "~ M~ 36~ 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 ~b4 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. ~~~. 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. ,,. _.:, WRITTEN COMMUNICATIONS 36 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. X66 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 ~° 3 fi'~ 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 ,-3F S ~: -~, 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. ~~~ 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. V h' &, 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. ~ ~ ., `Cit Clerk, City of nwood ~' APPROVED JUNE ,2A, 1g67 or of the~City of Lynwood -^ ',