HomeMy WebLinkAboutMinutes-07-17-61-Regular Meeting11, i 5
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOUNEY
JULY 17TH, 1961
The City Council of the City of Downey held an adjourned Council
Meeting in the Council Chamber of the Downey City Hall at 7:30 P.M.
July 17, 1961, Mayor Carroll M. Dunnum presiding.
PRESENT: Councilmen: Giddings, Temple, Corbin, Dunnum
ABSENT: Councilman: Peavey
ALSO PRESENT: Oren L. King, City Manager
Richard Barhite, Director of Public Works
Sherman Griselle, Director of Planning
Don Warren, Assistant Fire Chief
Ray Lake, Director of Building & Safety
Della Doyle, City Clerk
Alberta Pfeiffer, Deputy City Clerk
Mayor Dunnum opened the Council Meeting with a brief statement in
tribute to Dr. Joseph L. Campbell who had passed away the preceding week
end. The Mayor praised Dr. Campbell as being a "gentleman among gentlemen,"
a "man among men" and stated that the highest tribute which can be paid to
a human being is that not one individual has ever been heard to speak a
disparaging word of him, which is so true of Dr. Campbell. The Mayor
announced that the meeting would be adjourned in honor and memory of
Dr. Joe Campbell.
The Mayor announced that the first item of business to be taken up is
the matter of the civic auditorium. Councilman Giddings was briefed by the
Mayor on what had preceded relative to this matter and reported to him
that no action had been taken at the last meetng as there were only 3 out of
5 Councilmen present.
Councilman Giddings stated that he is very much in favor of the civic
auditorium for the City, he feels it would be something worthwhile and to
the advantage of the City and another one of the milestones in the plan for
making Downey truly a City with future unlimited. He feels it is up to the
people to decide and that it should be put to the people for a vote. The
question is as to whether it should be put to a special election or a
regular election - -his opinion is that a special election should be held only
on matters of urgency and that the matter of putting this issue before the
City should be done so at the next regular election in April.
Mayor Dunnum remarked that he feels Council must present a united and
unanimous front; that October is more appropriate in the light of the voting
populace being influenced as they will be, by property taxes, school taxes,
school and City budgets. He does not object whatsoever to April and does
feel Council should, as stated before, present an entire united front in the
matter of the Civic Auditorium.
Councilman Corbin reiterated that he is opposed to a special election
as he had stated at the last meeting.
Councilman Temple stated the auditorium is something he has been for for
some time;; that October would seem to be the ideal month, but looking over
the plans, size, etc. it will be hard to come up with something concrete
enough to have a special election in October. He therefore feels it should
be held in April at the general election.
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It was moved by Councilman Giddings, seconded by Councilman Corbin
and passed by the following vote that the matter of a $2,500,000 bond
issue for a Civic Auditorium be placed on the ballot for the General
Election to be held on the second Tuesday in April 1962.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
Mayor Dunnum announced that the matter previously taken under sub-
mission relative to Planning Resolution No. 52, Zone Change #67, has been
fully studied by him and he is now prepared to ratify or affirm the
action of the Planning Commission as submitted to Council.
It was moved by Councilman Temple, seconded by Councilman Corbin and
so ordered that Zone Case #67 be restored to the agenda.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE
DOWNEY MUNICIPAL CODE (Planning Resolution No. 52,
Zone Change #67 - Ziler)
The ordinance was read by title only. It was moved by Councilman
Temple, seconded by Councilman Corbin and so ordered that further reading
be waived.
It was moved by Councilman Temple, seconded by Councilman Corbin and
passed by the following vote that the ordinance be introduced.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
City Manager, Oren L. King, gave a resume of the matter of Zone Change
#52 in the processing of which, through some inadvertency, the property
description was changed with the result that a portion of the lot at
11751 South Downey Avenue was omitted from the zone change.
It was moved.by Councilman Temple, seconded by Councilman Corbin and
passed by the following vote that the Planning Commission be directed to
initiate proceedings in Zone Case #52 to include the entire parcel as
originally outlined as submitted in the legal description filed with the
City Clerk.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
Mayor Dunnum announced that four public hearing have been set and
that Council has taken a tour of the areas involved, has read all the
records, and he feels that Council is reasonably familiar with the facts
in all the cases. The Mayor asked for no repetitious comments and
requested that all statements be kept as brief as possible.
Mayor Dunnum announced that this is the time and place fixed for the
hearing involving Planning Resolution #54, zone change #68 for premises
at 11835 Haro Street, Downey. Sherman Griselle, Director of Planning, was
requested to brief Council on the facts relative to this matter, at the
conclusion of which the Mayor requested Mr. Griselle to repeat the decision
of the Planning Commission in this matter. The Planning Director reported
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it was the decision of the Planning Commission to approve the re- zoning
requested to R -1 with one "No" vote, thus it was a 4 to 1 vote. The
Planning Department had recommended the re- zoning to the Commission.
The Mayor inquired if there were any written communications.
The City Clerk stated she had received two: the first was from the
City Wide Property Owners unanimously protesting such "downgrading" to
zoning and requested cancellation of the Planning Commission's action.
The second was from the Downey Board of Realtors in which it was stated
they wish to reaffirm their stand of general opposition of "down grading"
zoning. It was requested also that the "Philosophy for a Master Plan"
prepared by Oren L. King and dated May 4, 1960, be kept in mind on all
zoning cases.
The Mayor stated that the affirmative side would be permitted to
speak first and asked for their spokesman.
Mr. G. B. Barron, 11835 Haro Street, who stated in the absence of
legal counsel for the affirmative side, he had been asked to represent
them. The Mayor asked if they would prefer continuing the matter to
another time when their attorney could represent them. The interested
persons expressed their desire to proceed without counsel. Mr. Barron
mentioned deed restrictions on properties on the west side of the property
in question.
An affidavit was read and marked Affirmative Exhibit #1.
Other points brought out by Mr. Barron were the traffic hazard of
multiple dwellings in an R -2 zone, downgrading; R -1 property being at a
premium; taxes not differing for different zones in this area.
Next to speak for Zone Change #68 was Mr. Georgas, 11859 Haro, who
read a copy of a letter which had been sent to property owners in the area
by Marian Wilson Jones regarding new streets. The letter was marked
Affirmative #2 Exhibit.
Others to speak were:
Bob Seargeant
8429 Cedartree Rd., Apt. A
Mr. Seargeant stated he had bought the last lot in the area at 11860 Susan
Street and had been assured at the time that all property in the area was
R -1.
Mr. James Frederico,
5220 Highland
Compton
Owner of property at 11849 Haro St.
Mr. Frederico stated the property had been sold as one zone when it appears
to be another.
Speaking first for the negative side was Marian Wilson Jones, 8036
E. 3rd Street, who owns 63% of the property in the area in question, who
spoke at great length on the various problems she had encountered through
the years relative to her properties, zoning, improvements, etc.
At the conclusion of Mrs. Jones' comments, Councilman Temple inquired
if the restrictions appearing on thecheds were valid. Mrs. Jones' reply
was affirmative.
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Councilman Giddings wished cleared up the statement of Mrs. Jones
that Mr. Opfer could get a permit but that she could not. Mr. Lake
answered that this subdivision was what is known as an illegal
subdivision, and that Dan McNutt, Planning Director at that time, had
put a $300 bond on each property. Mr. Opfer put up the necessary
bonds and anyone so doing could have gotten a permit.
The Mayor stated that this hearing had turned into a matter of
accusations, etc. which would be a matter for civil action. Council,
he stated, is concerned only with the appeal from the Planning Commission
decision - -not accusations.
Next to speak negatively was Mr. William P. Wilson, 10833 Downey
Avenue, who stated there are two basic principles of good zoning - -there
should be proper buffing; and that someone else not be included in a
zoning case, and he believes that these basic zoning principles should
be observed.
Speaking for affirmative rebuttal were:
Robert Kovacks, 11849 Susan, who stated he got his own permit.
G. B. Barron who stated he feels this is good zoning for the
City as set out in the new zoning code - -Items 1, 2, 3 and 4 are the things
the property owners are asking for and complying with the zoning ordinance
of the City.
James F. Laster, 11814 Susan
Bob Seargeant
Mrs. Frank AXmbruster, 11816 Susan, who stated she has seen where
an R -1 zoning having an R -3 barrier seems to be compatible.
Councilman Temple asked the Director of Planning if Council is legally
able to change the zoning without referring it back to the Banning Commission.
Mr. Griselle replied that he would have to refer it to the City Attorney
but that zoning is a two -way street - -it can go both ways: residence to
commercial or commercial to residence.
Councilman Corbin inquired about the possibility of zoning down the
middle of Haro Street. Mr. Griselle's reply was that it is possible to
rezone to any particular pattern felt to be best.
Mr. Griselle reported that where land in an R -2 zone has deed
restrictions to R -1, the zoning takes precedence. In the matter of devalu-
ating or down - grading, there would have to be a qualified appraisal. It is
the facts which prevail and the word is a misnomer. Deed restrictions are
made of property owners themselves which makes it a civil matter; zoning
is by public, city and governmental agencies.
It was moved by Councilman Temple, seconded by Councilman Giddings and
passed by the following vote that the matter of Zone Change #68, Planning
Resolution No. 54 be taken under submission.
AYES:
4
Councilmen:
Giddings, Temple, Corbin, Dunnum
NOES:
0
Councilmen:
None
ABSENT:
1
Councilman:
Peavey
The Mayor announced that this is the time and place fixed for the
hearing on Planning Resolution No. 55, Zone Change #70, and prefaced the
hearing with this thought - -the Council is primarily concerned with two things:
(1) Where the Planning Commission has abused at its discretion; (2) New
evidence, not available at the Planning Commission meeting but now availabll e --
not to merely because some of the people involved do not like it.
Mr. Griselle was asked to present the facts of Zone Case #70.
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Coming forward to speak for the affirmative was Nancy A. Book,
11662 Bellflower, who stated she did not believe there was any
opposition.
The Mayor asked if she cared to waive her time to speak at this
time to see if there was any opposition. Mrs. Book agreed.
There being no opposition to Zone Case, #70, it was moved by
Councilman Temple, seconded by Councilman Corbin and passed by the
following vote that the hearing be closed.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Peavey
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE
DOWNEY MUNICIPAL CODE (Planning Resolution No. 54, Zone
Change #68)
The ordinance was read by title only. It was moved by Councilman
Temple, seconded by Councilman Giddings and so ordered that further
reading be waived.
It was moved by Councilman Temple, seconded by Councilman Giddings
and passed by the following vote that the ordinance be introduced.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
Mayor Dunnum announced the matter of Appeal to Zone Exception #231
would be considered at this time and asked Mr. Griselle to review the
facts.
Councilman Giddings inquired if it were true that there were no
protests among the residents in the area. It was stated this was so.
The City Clerk was asked to read any written correspondence in
connection with this zone exception. There was a letter from City Wide
Tax Payers Association protesting denial of Zone Exception #231.
Speaking in the affirmative was C. A. Peterson, 8104 Stewart & Gray
Road, property owner requesting the zone exception to erect two additional
greenhouses at the rear of his property. He stated a letter from the
Planning Commission gave a different reason than was given at the meeting
for denial of the zone exception request. He introduced two persons who
live on either side of his property who spoke on his behalf.
Mr. Kristoff, 8040 Stewart and Gray Road, who stated he has no
objections to granting further zone exception to Mr. Peterson for his
greenhouses.
Mr. Wayne Hunt read a letter in favor of the zone exception from his
parents who reside at 8112 Stewart & Gray Road. The letter was marked
Appellant's #1 Exhibit.
It was moved by Councilman Temple, seconded by Councilman Corbin and
so ordered that the hearing on Zone Exception Case #231 be closed.
It was moved by Councilman Temple, seconded by Councilman
Giddings and passed by the following vote to approve zone exception
case IP231 with the following conditions:
1. That the approval be granted as shown on the approved
Plot Plan. No deviation or exception from said exhibit
are permitted without the express approval of the
Planning Commission.
2. That the structure shall conform to the height and design
of those structures existing.
3. That a fence or wall 52 to 6 feet in height be constructed
and permanently maintained along the easterly and southerly
property *line.
and that Council reverse the action of the Planning Commission.
AYES:
4
Councilmen:
Giddings, Temple, Corbin, Dunnum
NOES:
0
Councilmen:
None
ABSENT:
1
Councilman:
Peavey
Mayor Dunnum announced that he is not presently engaged by Mr. Love,
appellant in Zone Exception #227, in any matter in the practice of his
legal profession, but that he has done work for him and in order to
avoid any possible criticism by way of biased prejudice or undue in-
fluence, he disqualifies himself from participating in this hearing, and
therefore he requested Councilman Temple to conduct the remainder of the
hearing.
Mayor Pro Tempore Scott Temple asked if there were any written
communications. The City Clerk replied there were none.
Gregory A. Rosenthal, 10033 Tristan Dr., speaking for appellants,
stated he did not feel.there was a fair hearing due to abnormal happenings
at the Planning Commission and misunderstandings.
14r. Rosenthal reviewed a former exception, #109 with conditions
specifying that there be no lights, that there be bumper guards against
the wall; that a 6 -foot wall be erected; and providing a 4' sign at the
end of the property farthest from the residences with no lighting, no
rotation, nor simulation of motion.
Mr. Rosenthal stated he objects to lights which might shineinto his
home and to possibilities of infringing upon his privacy.
Walter Love, 9868 Florence Ave., defendant in appeal to Zone
Exception Case #227, reviewed his request and called upon Mr. Anderson to
explain the engineering of the lights. Mr. Anderson stated the lights
would be at such an angle as not to shine directly into backyards of
adjacent residences and that the lighting would be at the front of the
lot, not the back.
Speaking in rebuttal were Rosenthal, Webber, 9928 Tristan Dr.,
Dorothy Rosenthal.
Mr. Webber asked if approved, will a request be made to raise the wall
and also inquired if the light problem will be settled.
Mr. Love stated he was agreeable to working out something with the
people.
In conclusion, Mr. Rosenthal reported the owners do not want a wall
higher than 6 ft.
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It was moved by Councilman Corbin, seconded by Councilman Giddings
and so ordered that the hearing on Zone Exception Case #227 be closed.
Councilman Giddings stated he cannot be for this as long as there is
any chance there will be any fault with the lighting.
It was moved by Councilman Giddings to reverse the Planning Commission's
action. Motion died for lack of a second.
It was then moved by Councilman Corbin, seconded by Councilman Temple
and passed by the following vote that Zone Exception #227 be granted as
specified by the Planning Commission.
AYES:
2
Councilmen:
Corbin, Temple
NOES:
1
Councilman:
Giddings
DISQUALIFIED:
1
Councilman:
Dunnum
ABSENT:
1
Councilman:
Peavey
Mayor Dunnum reopened the matter of Ardis Street traffic problem which,
he stated, for a considerable time the City has attempted to solve. The
problem has not been controlled by measures taken to date. He believes a
street should be made easterly from Ardis Avenue to Bellflower Boulevard
along the most southerly portion of the Autonetics property as a last resort.
It was moved by Councilman Dunnum,seconded by Councilman Corbin and
passed by the following vote to authorize the City Manager and administration
to proceed forthwith to acquire the necessary right of way along the
southerly portion of the Autonetics property, extending easterly to the adjoin-
ing property to Bellflcwr forthwith, and upon installation and construction
of this street, to put a barricade along the most northerly portion of this
proposed new roadway.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
Mr. King was asked for a time table relative to this matter. He stated
that he would meet next week with officials of North American and owners of
property to the east of them with respect to opening of their southern portion
and acquisition of property of owners back of them.
Councilman Giddings requested cost of right of way acquisition be sub-
mitted.
The City Manager reviewed the matter of improvements on Firestone
Boulevard from Lakewood Blvd. to the west city limits. Mr. Barhite showed
charts portraying the removal of double - double lines, installation of left -
turn bays on Firestone and planned beautification by landscaped center strips
at various locations.
It was ordered by Councilman Dunnum that the plans be made available
for a week or so for property owners along Firestone to examine, and that
the press be directed to publicize this fact. Further action in the matter
was deferred to the next regular Council Meeting.
._, It was moved by Councilman Temple, seconded by Councilman Giddings
and passed by the following vote to authorize the City Manager to attend the
American Municipal Assodation Convention in Seattle August 26 through 30 with
reasonable expenses allowed.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSIM: 1 Councilman: Peavey
The City Clerk reported a claim had been received from Susan B.
Ryan and Maydelle Babbitt for an accident involving collision with a
street barricade on Bellflower Blvd. in the City of Downey.
It was moved by Councilman Temple, seconded by Councilman Corbin
and passed by the following vote that the claim be denied and submitted
to the insurance carrier for handling.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
The City Manager reported that only one bid in the amount of $81,300.00
had been received on remodeling of the City Hall and recommended rejecting
all bids authorizing re- bidding, including the Public Works Department, Jail
Holding Facilities, Central Administrative- Personnel and Mayor's Office. The
Building and Planning Departments can be moved this year as planned.
It was moved by Councilman Corbin, seconded by Councilman Temple and
passed by the following vote that all bids be rejected for remodeling of
the City Hall.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
It was moved by Councilman Temple that bids be called for remodeling
the City Hall to include the Public Works Department, Jail Holding Facility
and Administrative Offices to be opened at 10:00 o'clock August 10.
The City Clerk was questioned regarding permanent records kept in her
--� department. All are retained in fireproof filing cabinets with 7 or 8
volumes of permanent records being stored at the Security First National Bank
in a safety deposit vault. The Finance Department was reported to also keep
records in large steel vaults.
The Mayor inquired about micro- filming all permanent records to be
kept by the City. The City Clerk reported that there is not enough volume
at this time to warrant this type of record keeping.
Mayor Dunnum asked for a second to Councilman Corbin's motion regard-
ing rebidding for remodeling of the City Hall. Councilman Corbin seconded
the motion and motion passed by the following vote.
AYES: 4 Councilmen: Giddings, Temple, Corbin, Dunnum
NOES: 0 Councilmen: None
ABSENT: 1 Councilman: Peavey
Mr. Barhite, Director of Public Works, reported on the dedication
program for the Public Works Maintenance Yard to be held Tuesday at 10:00
to 12:00 noon, July 18.
There being no further business to come before Council, the meeting
adjourned at 10:40 P.M.
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City Clibrk