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HomeMy WebLinkAboutMinutes-10-18-65-Regular Meeting2'!35 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 18, 1965 The City Council of the City of Downey held a regular adjourned meeting in the Council Chamber of the Downey City Hall at 7:30 P.M., October 18, 1965, Mayor Scott E. Temple presiding. The meeting of October 11, 1965, was adjourned by the City Clerk to this date due to lack of a quorum.. The City Clerk reported that a copy of the notice of adjournment was posted as required by law for notice of adjourned meetings. The Clerk has on file proper affidavit covering the fore- going. PRESENT: COUNCILMEN: Corbin, Dickerson, Dunn=, Morton, Temple ALSO PRESENT: Oren L. King, City Manager Carl Newmon, Acting City Attorney Bill Goggin, Assistant Director of Planning Ervin Spindel, Director of Public Works Lee Leavitt, City Engineer A. C. Gabriel, Director of Finance Bill Fritsche, Assistant Director of Building & Safety Don Warren, Deputy Fire Chief Ivan A. Robinson, Police Chief Don Robison, Assistant to the City Manager Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk Reverend John Kreider of the Faith Mennonite Church delivered the invocation. Mayor Temple announced the hearing on Zone Exception #597 ( Diliberto) will be held at this time and inquired of the City Clerk if the proper notices of hearing had been sent. The City Clerk replied they had and stated that the hearing had originally been scheduled for the October 11 meeting which was adjourned to this date. Mr. Goggin presented a resume of the case. Ann Ruth Grant, Attorney, 6531 Eastern Avenue, Bell Gardens, representing applicant Diliberto, spoke for the appeal, requesting that certain conditions imposed by the Planning Commission be lifted. There was no one speaking in opposition of Zone Exception Case #597. It was moved by Councilman Morton, seconded by Councilman Dickerson and so . ordered that the hearing be closed. It was moved by Councilman Dunn-am, seconded by Councilman Morton and passed by the following vote to allow the posting of a cash bond in such a manner that it could be earning interest for the applicant, to cover tree wells and the side- walks on Burns Avenue; that sidewalks should be installed on Paramount Boulevard and that there should be a 5' dedication, with all other matters and conditions subject to the Planning Commission being upheld and that as wide an ingress and egress as possible be allowed applicant. AYES: 5 Councilmen: Corbin, Dickerson, Dunnum, Morton, Temple NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Temple then announced the time and place for Zone Exception #592 taken under submission from August 24, 1965, to October 11, 1965, had been con - tinued to this date. (Axton /Boand - 9931 Tweedy Lane.) After discussion by Council of traffic problems involved, the hazards to school children having to walk in the streets due to no existing sidewalks, and Council Minutes - 10/18/65 -1® 2-4636 length of time stated by the Director of Public Works (3, 4, maybe 5 years) for proper development and widening of Tweedy Lane, Councilman Morton questioned whether or not this is the best time.for apartment development in the area in question. Councilman Dunnum indicated she would abstain from voting inasmuch as she had not been present at the initial public hearing and had not heard the taped hearing. Councilman Corbin moved that the appeal be denied and the decision of the Planning Commission be upheld. The motion died for lack of a second. Councilman Dickerson moved that the appeal be granted., overriding the action of the Planning Commission in Zone Exception #592. Councilman Morton requested the City Clerk to read the exact wording of the letter of appeal. Councilman Dickerson withdrew his first motion, then moved and it was seconded by Councilman Morton that Zone Exception Case #592 be taken under sub - mission until the street improvement can be resolved. AYES: 3 Councilmen: Dickerson, Morton, Temple NOES: 1 Councilman: Corbin ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilman: Dunnum It was moved by Councilman Dunnum, seconded by Councilman Dickerson and so ordered that the Director of Public Works,.the Planning Department and any other appropriate department submit by the next meeting, a -report concerning street conditions, possibilities for street development and estimated time elements for Tweedy Lane. It was moved by Councilman Dunnum, seconded by Councilman Dickerson and passed by the following vote that all tapes of public hearings be retained until such mattem shall be resolved. AYES: 4 Councilmen: Dickerson, Dunnum, Morton, Temple NOES: 1 Councilman: Corbin ABSENT: 0 Councilmen: None Harry Boand, 10340 Downey Avenue, applicant in Zone Exception Case #592, inquired if the matter had been taken under submission indefinitely. He was informed this was correct. Mayor Temple announced the hearing on the appeal to Zone Exception #601 filed by Mrs. Beatrice B. Axton, would be held at this time and inquired if the proper notices had been mailed. The City Clerk replied they had,. (Southwest corner Dinsdale /Tweedy Lane..) The Mayor inquired if there were letters of protest received. The City Clerk reported the following letters had been received: Mrs. Emma J. Myers, 10005 Tweedy Lane Harry E. Beddoe, 10224 Cord Avenue North Downey Junior High Parent - Teachers Association Mrs. Robert G. Drees,.Presiden t., Price Parents Club Mr. Goggin presented a report on the matter. Mr. Frank Gasdia, Attorney, 10243 Paramount Boulevard, Downey, representing appellant, stated he was speaking on behalf of several other persons also. He presented a petition signed by 225 persons. Ordered received and filed. A letter bearing 29 signatures was bresented by Mr. Gasdia Ordered received and filed. A letter from Dr. Harold Wilkins with offices in the Florence Medical Building objecting to.the Zone Exception was also presented by Mr. Gasdia and ordered received and filed. Council Minutes - 10/18/65 -r2- 213' Two articles which had appeared in the Southeast News relative to no sidewalks on Tweedy Lane, causing students to walk in the streets to and from school, were presented and ordered received and made a part of the file. Also speaking in favor of the appeal were: Mrs. Beatrice B.. Axton, 9948 Smallwood Leonard Resick, 10002 Downey Avenue, Member Downey Home Owners Association Speaking for applicant and representing James Stamps was Attorney William Wilson, 10833 Downey Avenue. Also speaking in favor of Zone Exception #601., application for a Reliance Drive -In Dairy at Tweedy Lane and Dinsdale Street were: Shelby Dobson, 15504 Bolsa Chica Drive, La Mirada, representing Reliance Dairy Jim Eubank, 7836 Stewart & Gray Road, employee of Reliance Dairy (Manager of La Habra similar dairy unit) Richard Shakarian, 9938 E. Imperial Highway Attorney Gasdia presented his rebuttal after which it was moved by Councilman Dunnum, seconded by Councilman Morton and so ordered that the hearing on the appeal to Zone Exception Case #601 be closed. After discussion it was moved by Councilman Dunnum, seconded by Councilman Corbin and passed by the following vote that the appeal be denied and the decision of the Planning Commission in Zone Exception #601 for Reliance Drive -In Dairy at the southwest corner of Dinsdale and Tweedy Lane be upheld including conditions set forth by the Commission. AYES: 4 Councilmen: Dunnum, Morton, Porbin,Temple NOES: Z Councilmen: Dickerson ABSENT: 0 Councilmen: None Councilman Morton recommended the appointment of Hollis M. Peavey to the Water Board at this time in order that the Board might have a quorum to hold their meeting this date. RESOLUTION NO. 1630 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF HOLLIS M. PEAVEY AS A MEMBER OF THE WATER BOARD The resolution was read by title only. It was moved by Councilman Corbin, seconded by Councilman Morton and so ordered that further reading be waived. It was moved by Councilman Morton, seconded by Councilman Corbin and passed by the following vote that Resolution No. 1630 be adopted. AYES: 5 Councilmen: Corbin, Dickerson, Dunnum, Morton, Temple NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Temple declared a recess with Council reconvening at 10 :10 P.M. with roll call, all members of Council being present. The Mayor announced this is the time and place set for a hearing on an appeal to Zone Exception 4604 (Mayer'). Councilman Corbin excused himself from sitting in on this hearing and left the Council Chamber. Mayor Temple asked the City Clerk if she had the necessary affidavit of pub- lication and if proper notification by mail had been made. The City Clerk replied proper notification was made and that the affidavit of publication was in the file. Mr. Goggin reported on Zone Exception #604. Council Minutes - 10/18/65 -3- 2138 Dale Ingram, 10316 Asher Street, E1 Monte, representing Mr. Mayer, owner of the property in question, and Mr. Robert Mayer, 10558 Briarbush, spoke in favor of the appeal. Speaking against the appeal were: Reno Sirrine, 9445 DaCosta Street William E. Wheeler, 9855 Mattock Avenue (spokesman for a number of property owners in the area) Mr. Ingram presented his rebuttal, after which it was moved by Councilman Morton, seconded by Councilman Dickerson and so ordered that the hearing on Zone Exception #604 (Mayer) be closed. Councilman Morton then requested department heads' opinions on the future street in question in the area. Don Warren, Deputy Fire Chief, Ivan Robinson, Chief of Police and Ervin Spindel, Director of Public Works, expressed their views on the need for access to this area for fire services, police protection and water services. It was moved by Councilman Morton, seconded by Councilman Dickerson and passed by the following vote that the appeal on Zone Exception #604 be denied based upon the reason that a full street or reservation for a future street is not necessary, but that it is felt that a 20' easement should be reserved, not to be used for street purposes, and shall be the guide used for the development, and the Planning Commission be guided accordingly in the proposal and application of the tentative tract map. AYES: 3 Councilmen: Dickerson, Morton, Temple NOES: 1 Councilman: Dunnum ABSENT: 1 Councilman: Corbin Councilman Dunnum qualified her "NO" vote for the reason that she believes public health and safety demands the area recommended by the Departments of Police, Fire and Public Works should be dedicated to the City for municipal purposes so that a public street may be put through under the Freeway at the place designated and pro- vided for by the Highway Department at such time as it is deemed necessary to provide the area to the north with adequate service from the Fire and Police, in particular, especially as it appears that the area will soon be developed resi- dentially. Councilman Corbin returned to the Council Meeting at 11:00 P.M. Mayor Temple reported this is the time and place to hold the hearing on the appeal to Zone Exception #605 (Sackler - Telegraph Road), and asked if proper notices had been published and mailed. The City Clerk replied they had. Mr. Goggin presented a resume on the case. The City Clerk reported letters of protest were received from the following: Mrs. Etta Carroll, 9719 Cedartree Road, Downey Paul C. McMichael, 9432 Telegraph Road, Downey Marie L. Hammond, 9510 E. Telegraph Road, Downey together with a petition bearing 87 signatures. Speaking in favor of the appeal were William Camil, 9940 Orin Day Road, Santa Fe Springs, representing applicant Louis Sackler, and Mr. Sackler, 9706 Telegraph Road. Speaking in opposition to the appeal were: Mary Carroll, 9719 Cedartree Road Helen Leroy, 9707 Cedartree Road Rafael Castinitas, 9713 Cedartree Road Elmer Easley, 9656 Cedartree Road Francis Hart, 9643 E. Cedartree Road Mr. Camil presented his rebuttal, after which time it was moved by Councilman Morton, seconded by Councilman Corbin and so ordered that the hearing on Zone Exception #605 (Sackler) be closed. Council Minutes - 10/18/65 -4- 2139 Councilman Morton stated that inasmuch as Zone Exception Case #605 does not meet the findings of Section 9130 -.2 of the Downey Municipal Code with regard to granting of zone exceptions, it was moved by Councilman Morton, seconded by Councilman Dickerson and passed by the following vote to deny the appeal and uphold the decision of the Planning Connission. AYE$s 5 Councilmen: Corbin, Dickerson, Dunnum, Morton, Temple NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Dunnum, seconded by Councilman Corbin and so ordered to adjourn the meeting at 12:10 to 8:00 A.M. Wednesday morning, in the Council Chamber of the Downey City Hall. Mayor Templ,:6 then reopened the meeting to allow Attorney Carl Newmon to report on the court hearing on the final condemnation proceedings in the hospital site. He advised the City of Downey won on all counts. The City Council was advised that the owners had received their money for their properties in the hospital site and authority was requested to advise on vacation proceedings. It was moved by Councilman Corbin, seconded by Councilman Dickerson and so ordered to authorize the City Clerk to notify all property owners and tenants to vacate their properties by November 30, 1965. It was noted that they were to advisor to signify if any hardship will be incurred. It was moved by Councilman Dunnum, seconded by Councilman Corbin and so ordered to adjourn the regular adjourned council meeting at 12:15 A.M. to 8:00 A.M. Wednesday, October 20, 1965, in the Council Chamber of the Downey City Hall, DELLA DOYL, SCOTT E. TEMPLE City Clerk Mayor Council Minutes - 10/18/65 -5