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HomeMy WebLinkAboutMinutes-06-20-66-Regular Meeting2632 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 20, 1966 The City Council of the City of Downey held a regular adjourned meeting at 7:30 P.M., June 20, 1966, in the Council Chamber of the Downey City Hall, Mayor Charles W. Dickerson presiding. The City Clerk reported at the meeting that a copy of the notice of adjournment was posted as required by law, and fur- ther reported that notice of the adjournment was given as provided by law for notice of adjourned meetings. The clerk has on file proper affidavit covering the foregoing. PRESENT: Councilmen: Dunnum, Corbin, Morton, Temple, Dickerson ALSO PRESENT: Oren L. King, City Manager A. C. Gabriel, Director of Finance Sherman Griselle, Director of Planning Robert Gain, Fire Chief Lee Leavitt, City Engineer James Ruth, Superintendent of Parks & Recreation Dept. Ray Lake, Director of Building & Safety Robert DeSio, Sr. Administrative Assistant Don Robison, Assistant to the City Manager Loren Morgan, Deputy Chief of Police Royal M. Sorensen, City Attorney Walter Wanke, Water Superintendent Della Doyle, City Clerk Alberta Pfeiffer, Deputy City Clerk In the absence of a minister, the invocation was delivered by Councilman Morton,,, Mayor Dickerson announced the hour of 7:30 having arrived it was time for the hearing on the appeal to Zone ERception #661, Florence and Downey Avenue (Joseph Brain, et al..) and inquired if the -City Clerk had the Affidavit of Publication. The City Clerk replied she had the affidavit. Ordered received and filed. Sherman Griselle, Director of Planning, reviewed the case, Zone Exception #661. Mayor Dickerson inquired if there were any written protests. The City Clerk _-,�:pl.ied she had received a letter of protest from Mrs. Bee Hansen, 8324 Dinsdale Street, Downey. Speaking in favor of the appeal were: Robert Wendt, 10840 Paramount Blvd. Bob Brain, representing family which owns property at Florence Avenue and Downey Avenue Salvatore Gugluizza, 8361 Florence Avenue Speaking in opposition to the appeal were the following persons: Bob Brazelton, 10029 Birchdale Hugo J. Gehling, 8403 Dinsdale Milton Stern, 8125 Dinsdale Leon Reseck, 10002 Downey Avenue C. W. Keith, 8358 Dinsdale Mrs. Eleanor Gehling, 8403 Dinsdale Mr. Wendt then gave his rebuttal. It was moved by Councilman Morton, seconded by Councilman Temple and so ordered that the hearing on Zone Exception #661, Florence and Downey Avenues be closed. Councilman Morton requested that the Director of Planning state what the Master Plan sets forth as the high potential for population of the City of Downey. Council Minutes e 6/20/66 -1- 2633 Mr. Griselle Stated the Master Plan set a target of 121,000 by 1980. Councilman Morton then requested a review for Council, since most of the members were not on Council at the time of studies which were made under the General Plan for the development of Florence Avenue. Mr. Griselle stated that the initial interest of the Council at that time was to endeavor to resolve the tremendous Florence Avenue problems which had developed and which were resulting in conFinual zoning debates before the Planning Commission and Council as to what the future of Florence Avenue should be. The Master Plan set forth three basic areas for development: demographic, economic, and land use, and the General Plan limited Florence Avenue in this area to a professional -medical -general office category. Councilman Corbin stated in view of the high values of property and tax bills, he feels there are enough professional buildings in the City and that this 4 ppears to be a realistic development for the area, as proposed by Mr. Wendt. Councilman Temple inquired if it would be possible for appellant to go back to the Planning Commission and meet with the people in the area to discuss'their desires for development of the area in question. Mr. Griselle statedthat the Planning Department and Commission have never advocated working between property owners and developer in such a fashion, as zoning must be decided on the merits of each case and the compatibility to the area, official zoning plan, and General Plan. The Commission is a quasi-judicial body established by charter to make the decision, and it cannot be delegated to property owners. With all the changes that have been proposed by the appellant, Mr. Griselle said he is inclined to agree with Mr. Brazelton that the zone exception appeal should be denied, and then the appellant can later come back to the Planning Commission. He said it is necessary to make certain findings required by the ordinance before the gr,onttfig of a zone exception, and the appellant should first concern himself with these rather than the uses he is asking for. In response to a question, Mr. Griselle stated that Council decided prior to authorizing the General Plan study, that Florence Avenue by itself could not be realistically developed into a plan because Florence Avenue is tied in with the rest of the City. The economy of the whole City, the population growth of the whole City, the traffic patterns of the whole City had to be considered, and a General Plan was authorized as required by State law. The General Plan was put together by the Planning Department and staff, working together in many study meetings with the`'Planning Com- mission and with the general consultant, Mr. Gordon Whitnall. Afte:r.-exhaustive demographic, economic, and land use studies it was determined that this axes on Florence Avenue would be best served by placing it in a professional=medical-general office category, no higher uses to be permitted. And, as a matter of fact, At this time, if it had not been put in the professional -medical -office category, it would have been kept in a lesser category for, at this time, there is not a need for great areas of retail and personal service business space. Property values on Florence Avenue at this time do not seem to correspond to what is needed to build under the General Plan -they are just too high. Councilman Dunnum stated she feels the Master Plan definitely is set forth as a guide, but it does not mean that there should be restrictions to it as set forth. Each situation should be considered as it is presented. As far as granting a special privilege should this zone exception be approvedi Councilman Dunnum stated she does not see that it would in this case; does not feel a rezoning would deprive other land ---� owners of their uses; does not see that the changes proposed would affect the surround- ing area and does not think that it is inconsistent with the zoning ordinance. Certainly it would not nullify the General Plan as it is a guide and must be con- sidered as each situation is presented. It'bgpears to her that denial would deprive the landowner of a proper use. Applicant was asked to supply the percentages of types of business in the build- ings proposed in Zone Exception #661. Mr. Wendt stated it would be approximately 50% for general offices. Council Minutes - 6/20/66 -2- 2634 Councilman Morton stated that with the adoption of the General Plan the citizens in his district now had a guide to goby, a guide that would show the future develop- ment and planning of Florence Avenue. He stated that he would support that General Plan,and to the extent that he has been able to before the City Council, he has sup- ported that plan consistently. He stated that it was his motion that Council include in the General Plan the statement that it would be subject to review every five years. Councilman Morton stated further that the conditions on Florence Avenue have not changed considerably since he came on the Council and he believes he has an obligation to the people in his district to uphold the General Plan until he sees conditions that change to such an extent as to warrant change in the General Plan. To do otherwise would be a violation to his commitment to the people in his district. He believes the citizens in his district have the right to expect the City Council to move in the direction of the desires of the people in the district. The Planning Commiss an has given a very thorough review to this case and it was by unanimous decision before the Planning Commission that this matter be denied. Councilman Morton stated he thinks it is incumbent upon the City Council that it uphold the Planning Commission for if Council is going to start a procedure in the City of Downey of letting the people appeal to the City Council over a decision of the Planning Commission and then Council overrules the Planning Commission, then the Planning Commission might just as well be done away with. The judgment of Council should not be substituted for people's authority as delegated to them. Councilman Morton stated he does not believe the fine criteria that has been spelled outin the ordinance has been met... certainly there would be a definite change in the characteristics in a community, which is spelled out in the ordinance. The property owner would be receiving special privileges not afforded to other property owners in the area. Four years ago, when he first came on Council, Councilman Morton stated he had suggested that a committee of the property owners as well as Mr. Brain's organization get together to see if they could resolve the situation and come up with agreed uses. That has never been done. Councilman Morton stated that he would be in accord with denying the appeal of the petition iu'this case and allowing appellant to go back to the Planning Commission and work out additional uses or agree to some uses in a meeting with the property owners. Anything done at this location will establish a precedent and Council has seen before what happens when it deviates from the norm or with plans that have been set, including and regarding setbacks, sidewalks, etc. He feels it is incumbent upon the Council to do what the people want done as far as his district is concerned. It was moved by Councilman Morton, seconded by Councilman Tempe that Zone Exception #661 appeal be denied. The petitioner has the right to get together with the Planning Department, Commission and property Owners Association to see if the uses can be worked out as has been suggested. Mayor Dickerson inquired if the property owner would be relieved from any further filing fees if the matter is taken back to the Planning Commission, and Councilman Morton stated Council could consider waiving that requirement. The vote was then called on the motion: AYES: 3 Councilmen: Morton, Temple, Dickerson NOES: 2 Councilmen: tor'bin, Dunnum ABSENT: 0 Coma.cilmen: None It was moved by Councilman Tem'le, seconded by Councilman Morton and passed by the following vote that the Planning Commission waive the waiting period of one year before allowing the matter to go back to the Planning Commission. 0--. AYES: 5 Councilmen: Dunnum, Corbin, Morton, Temple, Dickerson NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None,. The Mayor declared a 5 -minute recess, with Council reconvening at 8:50 P.M. with roll call, all members of Council being present. Mayor Dickerson announced the hearing for the preliminary budget for the 1966-67 fiscal year with Oren L. King, City Manager, making the presentation. Council Minutes - 6/20/66 -3- 2635 Mr. Don Stoddard, President of the Downey Employees Association, questioned if the percentage of cost of living salary increase could be made availab;le,as an overall 5% had been recommended by this Association.The City Manager stated the results of the surveys and figures would not be available until Council gives its approval. It was moved by Councilman Dunnum, seconded by Councilman Temple that the hearing on the preliminary budget be closed. In view of the fact there were budget requests from various organizations submitted in writing and the various representatives wished to make personal requests at this time in support of the written requests, the motion that the budget hearing be closed and the second to the motion were withdrawn. The City Clerk presented the written budget requests. Letter from Downey Art Museum, the Downey Chamber of Commerce and the Downey Christmas Parade Board. Councilman Dunnum called attention to an additional letter from the Downey Museum of Art submitted with Council agenda. Mrs. Alice Woodrow, Director of the Downey Museum of Art, requested a modification of the annual stipend from $1200 to $6200 for additional employee salaries, for with the development of the museum there will be need for 'a.dditional funds for full-time employees, for two half-time employees would not be able to handle the work. This was taken under submission for budget study. truss Yerkes, President-elect of the Downey Chamber of Commerce reviewed the 1966-67 Plan of Action adopted this date for a continuation of publicity and business promotion in the City of Downey and requested a contract in the amount of $22,345 be approiied for 1966-67. The request was taken under submission for budget study. Ron Stone, Christmas Parade chairman was not present so Ken Theodore, Co -Chairman made the request for an appropriation of -$1640 for the annual Christmas Parade. With a carryover of $500 from last year, it was requested to budget $1140 for this purpose. The item was taken under submission for budget study. It was moved by Councilman Dunnum, seconded by Councilman Temple and so ordered that the hearing on the budget for the 1966-67 fiscal year be closed. Mayor Dickerson acknowledged the presence in the audience of Judges Dunnum and Boone. Councilman Dunnum advised there was a communication relative to Golden Park which the writer wished to discuss at this time. Leonard Robley, 8907 Raydon Street, voiced his objection on behalf of the property owners to the close proximity to the baseball diamond and backstop to their residences. The property owners now advocate the removal of the ball diamond in its entirety from Golden Park. After discussion and review by James Ruth, Park Superintendent, it was stated by Councilman Dunnum that she deemed it unwise to move the ball diamond at this time. Councilman Dunnum called upon the Chairman of the Downey Children's Theater who wished to present a group of petitions to Council. Mrs. Lenore Boone, 8431 Fontana Street, submitted petitions bearing 900 signatures requesting the establishment of a Downey Children's Theater. Mayor Dickerson ordered that the petitions be received and filed by the City Clerk. The following persons voiced approval of construction of a Downey Children's .—� Theater in the City of Downey: Elizabeth Taylor, 7548 Brunache Street Rose Lombault, President of Downey Woman's Club Mrs. Arch (Barbara) Kirkwood, President, Downey Jr. Woman's Club Dan Reed, 801 Oak Street, Whittier Chris Hinnen, 7823 Farm Street Ann Bahme, 7502 Phlox Street Council Minutes - 6/20/66 -4- 2636 Councilman Dunnum reviewed briefly the various actions which previously had been taken by Council with regard to the Downey Children's Theater. She stated that she thinks, in all fairness to each of the City Council, and to all of the various organiza- tions present at the meeting and to the community as a whole, that it is time for the City Council to state its position. For this purpose she stated she would propose a series of motions ao that it can be taken step by step. It was moved by Councilman Dunnum that Council go on record to, and to dilli- gently plan for and construct a theater in the City of Downey. (Now that the Park District has been dissolved and the City Council steps into its place, they should now be in a position to do this.) Councilman Morton stated one important fact had been overlooked, perhaps inadvertently ---that the theater was predicated on a joint venture with the school district. When the School District suddenly withdrew their support from this program, they left the entire program on the City Council, not only to think of construction of the building, but also the acquisition of land. And we also need to make the record clear that we have discussed on innumerable occasions, including before the School Board, a minimum of 750 seats. Councilman Morton stated he thinks each one of those councilmen has stated in favor of a community theater. He is in favor of a special study group being formed, an ad hoc committee which he had suggested previously, to make a thorough study of the situation and making a report and recommendation. Councilman Morton stated he does not feel the City Council is in a position at this time to take any vote as to what it will do until a thorough study is made. He feels it would be in order to have a substitute motion to appoint an ad hoc committee with one member being appointed from each one of the districts opposed to persons now affiliated with the Downey Children's Theater, and thap this matter be given a thorough study and recommendations and report brought back to Council. Councilman Dunnum stated that Council has been aware all along that the Children's Theater would be an approximate $50,000 operation.and knew it when the City Council proposed to have the Downey Park and Recreation District dissolved, and when Council individually and as a group stated they would 'continue to carry out the commitments of the Downey Recreation and Park District and to carry out the services and programing which the Downey Recreation and Park District provided. Also, the theater definitely is not being built solely for the Children's Theater. Councilman Dunnum stated that the point had been raised that there is no place to put the theater. She called Council's attention, not only to the Master Plan, but also to a resolution of the Recreation and Park District of April 21, 1964, designating site location as Furman Park between the present activity building and the Rio Hondo School for use and construction of a Downey Children's Theater and pertinent.uses thereto. Councilman Dunnum re=stated her motion to go on record and to dilligently plan and construct a theater in the City of Downey. Councilman Morton read portions of a letter directed to him objecting to the location of a theater in the Furman Park. He stated he would not rush into the matter as far as any motions are made tonight. Councilman Dunnum stated she feels that it is time that the community is entitled to know whether Council is ready to move ahead to plan and construct a theater in the City of Downey. Councilman Dickerson felt that to make any decisions at this particular meeting might be a little hasty in view of the fact that the City does not take over operation ,—. of the recently dissolved park district until, the 1st of July, however he is in favor of a theater in the City of Downey and he feels the site at Furman Park might make a good cultural center.. Councilman Dickerson then seconded Councilman Dunnum's motion to dilligently plan for and construct a theater in the City of Downey. Councilman Corbin corrected the statement that it was Mayor Dickerson making any statement at the last Council Meeting regarding the petitions being circulated as the Mayor was out of town and he, as Mayor Pro Tempore, was in the chair. Council Minutes - 6/20/66 -5- 263'x' Councilman Temple stated that he feels the City has reached the time in its existence to support a theater and he will have to admit he feels it should be larger than the 500 seats. Councilman Morton stated he feels that the matter is being pushed to the extent that Council is extending itself to promote something which has not been defined. There have been no architectural drawings in detail, the exact price is not known; no decision has been reached as to the exact number of seats. Councilman Dunnum stated that in her mind the intent is that the City is taking over where the Park District left off, and the comment that this would be a #1 item. Mayor Dickerson called for the vote on the motion: AYES: 3 Councilmen: Dunnum, Temple, Dickerson NOES: 2 Councilmen: Corbin, Morton ABSENT: 0 Councilmen: None The next motion by Councilman Dunnum in the series was that the City Manager, Finance Director and the City Attorney bring to Council, recommendations as to how the theater could be financed. Councilman Temple stated he feels the motion is premature until studies are comp le to d . The motion was seconded by Councilman Corbin. The City Manager stated that he feels there must be a study of all the various angles related to constructing a theater in the City and recommended that the meeting be concluded with the appointment of an ad hoc committee for such study.on: 1. Size 2. Location 3. Method of financing. with the City Manager, City Attorney and Finance Director serving as ex -officio members, bringing back a report. Mayor Dickerson called for the vote on the motion: AYES: 4 Councilmen: Dunnum, Corbin, Temple, Dickerson NOES: 1 Councilmen: Morton ABSENT: 0 Councilmen: None It was moved by Councilman.Dunnum that the theater have a 500 seat capacity. The motion died for lack of a second. Councilman Temple stated that the intimacy of smaller groups could be preserved by having sliding partitions. It was moved by Councilman Dunnum and seconded by Councilman Dickerson that Council invite the Downey Children's Theater Council, committees and any other organizations to present to the City Council for approval, their fund raising plans. Mrs. John Paugh, member of the Downey Park Commission, in the absence of the chairman, and as co-chairman, requested that if the matter does come under Downey Parks and Recreation program, Council not make too many decisions before they can have a chance to study and also to meet with any ad hoc committee. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the following vote to amend the previous motion to include the Parks Commission in the presentation meeting for fund raising plans for a theater in the City of Downey. AYES: 3 Councilmen: Morton, Temple, Dickerson NOES: 2 Councilmen: Dunnum, Corbin ABSENT: 0 Councilmen: None Council Minutes - 6/20/66 -6- Mayor Dickerson then called for the vote on the motion as amended: AYES: 3 Councilmen: Morton, Temple, Dickerson NOES: 2 Councilman: Corbin, Dunnum ABSENT: 0 Councilmen: None It was moved by Councilman Dunnum that the site for a theater in the City of Downey be at Furman Park; the motion died for lack of a second. It was moved by Councilman Dunnum that the name for the building be Downey Children's Theater. The motion died for lack of a second, Councilman Temple stated that he feels the name should be other than Downey Children's Theater but that Downey Children's Theater could be shown elsewhere on the building. Councilman Dunnum stated that more people ,take part in and attend activities of the Downey Children's Theater than any other organizations combined which would use this type of facility. Councilman Dunnum thanked those in attendance for their indulgence throughout the evening. The City Manager was directed to review the Park and Recreation Commission responsi- bilities and to bring to Council, recommendations. Also that the City Manager, Director of Finance and the City Attorney report on methods of financing a- the -a -ter by July 26. Persons in attendance who spoke relative to the Downey Children's Theater- were thanked for participating and presenting the facts. Paul VtNjEgg, 2702 Hackett Street, Long Beach, retained by the Downey Employees Association/personnelw6t& not shown proper courtesy by not presenting the survey on budget items of interest to employees who appeared at the Council meeting and waited from 7:00 to 11:00, and since this was not presented to them this evening, when it comes up at the final meeting, it will be a morning meeting when very few employees will be able to attend. It was moved by Councilman Dunnum, seconded by Councilman Temple and passed by the following vote to continue the ringing of bells at the 'approximate time of the signing of the Declaration of Independence in observance of Independence Day celebration and that the various churches be written to have belle rung, and any other organizations, requesting they be rung at the specified time as in the past. (11:00 A.M. P.D.T.) Resolution to be presented at the next meeting. AYES: 5 Councilmen: Dunnum, Corbin, Morton, Temple, Dickerson NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Manager stated that a new population survey from the State Department of Finance as of March 1, 1966, increasing the City's population to 93,900 and the Regional Planning Commission now has the population set at 95,780, which represents a gain of 1,880. Subventions and grants from the State, which include Gas Tax and Motor Vehicle in Lieu, are disbursed on a population basis, and represent $13.00 per capita. Using the Regional Planning Commission figures, this would represent an increase of $24,440 in revenues to the City. Cost for a new census would be $435 and monies are available for this purpose. The City Manager reported that the Director of Finance advised this will be the last opportunity for a new census before 1970 It was moved by Councilman Corbin, seconded by Councilman Morton and passed by the following vote that the State Finance Director be authorized to make another census of the City of Downey at this time at a cost of $435. AYES: 5 Councilmen: Dunnum, Corbin, Morton, Temple, Dickerson NOES: 0 Councilmen: None ABSENT: 0` Councilmen: None The City Manager requested authority to attend a 1 -day City Managers Meeting at Disneyland Friday, July 15. It was moved by Councilman Corbin, seconded by Councilman Temple and so ordered that the request be granted. It was moved by Councilman Temple, seconded by Councilman Morton and passed by the Council Minutes - 6/20/66 -7- following vote to authorize the City Manager to attend the Annual City Managers Seminar in Santa Monica from July 21 through 24 with reasonable expenses allowed. AYES: 5 Councilmen: Dunnum, Corbin, Morton, Temple, Dickerson NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The meeting adjourned at 11:10 P.M. DELLA DOYLE "CHARLES W.-DICKERSON City Clerk Mayor Council Minutes ® 6/20/66 -8-