HomeMy WebLinkAboutMinutes-02-08-71-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 8, 1971
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
Five-year service award to Mr. Douglas Morrow 1
Golf Course Master Plan Ref. to Park & Rec. Dept. 1
General Plan and General Plan Map Hearing continued to 2/23/71 2
Appeal, Zone Exception Case #962,
8555 Lyndora Ave. Denied 3
Minutes, January 26, 1971 Approved 3
Chamber of Commerce pin. Report on 1970
Christmas Decoration Program Received & filed 3
SCAG Annual Meeting February 9-11 Apptmt. of delegate by Mayor 3
Conditional Use Permit, Case #41 - Request
for Hearing on Appeal of Conditions Hearing set for 2/23/71 3
Adverse Claims Procedure Accepted with addition 4
Report of Legal Claims filed:
Bernard Kahn, 13444 Verdura Ave., Downey
Interinsurance Exchange of Auto Club of
So. Calif., Subrogee of Martha D. Allen,
8514 Dalen St. No action 4
Legal Claims for Council action:
-- Nancy Ann Wortham, 12331 Dunrobin Ave. Denied 4
Lois Palmer, 7848 E. Blandwood Rd. Denied 4
Ordinance #390, Amending Sec. 4600 of DMC
& adding Sec. 4600.1, Relating to Noise Adopted 4
Ordinance #391, Amending DMC Sec. 3186(n),
Ord. #262, Relating to Restricted Speed
Limits (Gardendale Ave.) Adopted 4
Ordinance Amending DMC Sec. 3186(j),
Ord. #262, Relating to Restricted Speed
Limits (Downey Ave.) Introduced 5
Resolution #2508, Adopting 1971 Supplement
to Standard Specifications for Public Works
Construction Adopted 5
Resolution #2509, Adopting Profile,
Improvement Plans, & Specs for LA County Flood
Control District Storm Drain Bond Issue
Project No. 695 Adopted 5
Resolution Approving Final Subdivision Map of
Tr 25450, Accepting Dedication, Approving Agmt
with Subdividers & Acceptance of Surety Bonds
(De Palma St. S/o Luxor St. W/o Mitla Ave. to
City Limits) Ref. to Dept. Public Works 6
Resolution #WS-724 (Payroll) Adopted 6
Resolution #WS-725 (B Warrants) Adopted 6
CC #SS-198, Foster Bridge Blvd. Agreement
for slope easement & auth. Mayor to sign Approved 6
Page 1 of 2
Table of Minute Actions
Council Meeting 2/8/71
SUBJECT: ACTION: PAGE NO.
CC #266, Cleaning of Palm Trees, Various
Locations. Specifications; auth. to advertise
for bids Approved 6
CC #241, Davis St., Downey Ave. to Dolan Ave.,
DIP #616. Exchange of R/W; auth. Chapter 27
proceedings; waive informal notification period Approved 6
Lakewood Blvd., W/s, North of Florence Ave.:
Parking Restrictions Taken under submission 7
Remarks by Frank Perez Ref. to City Manager 7
Page 2 of 2
1
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
FEBRUARY 8, 1971
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
February 8, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris
presiding,
PRESENT: Councilmen: Morton, Winton, Hollis, Ferris
ABSENT: Councilmen: Jennings
ALSO PRESENT: Charles W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Public Works
Robert L. Shand, Director of Finance
William A. Goggin, Director of Planning
Ray Lake, Director of Building & Safety
Jim Ruth, Director of Parks & Recreation
Robert W. Gain, Fire Chief
Jack Martin, Captain, Police Department
H. J. Henriksen, City Engineer
Ellen C. Davis, City Clerk
Judy McDonnell, Executive Secretary
Rt. Reverend Percival R. Henkleman, Moravian Church of Downey, delivered the invoca-
tion, followed by the Flag Salute led by City Manager Charles Thompson.
Mayor Ferris presented a five-year service award to Mr. Douglas Morrow and commended
him for his outstanding service to the community, serving as a member of the Hospital
Commission and presently a member of the Parks and Recreation Commission. Mr. Morrow
expressed his appreciation and stated he would continue to work for the betterment of
Downev.
Mr. Tom Collins presented the City with a model of the "Golf Course Master Plan".
Mr. Collins, associated with Mr. Willis Hanes, Architect, explained their recommendations
for proposed development of the Downey Rio Hondo Country Club which would include reloca-
tion of the ninth hole and green to permit further use of the property and the location
of a tennis facility. Mr. Collins recommended that the City look into the possibility of
obtaining the southwest corner of Old River School Road and Country Club Drive to provide
additional parking.
Mr. Willis Hanes commented regarding the studies made for the future development of
the golf course and their findings that the golf course could be developed to provide six
tennis courts, parking for 270 cars and a driving range which could increase the course
from 5700 yards to 6200 yards, if the City could acquire three parcels; the southwest
corner of Old River School Road and Country Club Lane, a parcel owned by Edison Company
and another in the back part of the course.
Mayor Ferris thanked Mr. Collins and Mr. Hanes for their fine presentation.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
receive the model of the Golf Course Master Plan, and to refer the matter to the
Department of Parks and Recreation for further study.
Mrs. Walton G. Copeland of the Downey Historical Society presented to City Council a
plaque to be affixed to the City Hall in an appropriate place. She stated the property
oa which the City Hall is standing was acquired in 1880 for a school building site. The
property was used for an elementary school, then a high school and in 1912 the present
building was erected and was used as an elementary school.
On behalf of the City Council, Mayor Ferris expressed appreciation to the Downey
Historical Society for their presentation.
Mayor Ferris declared that this is the time and place for the public hearing on the
General Plan and General Plan Map, which was continued to this time and place from the
Regular Meeting of the City Council held January 26, 1971.
The Mayor inquired if there was anyone present who wished to speak to the matter,
and the following persons spoke:
Coun.c.1 Minutes 2/8/71 -1-
,._
Mr. Irving Rosen, 8221 Third Street, Downey, attorney representing owners of property
at the corner of Cherokee and Lakewood Blvd., stated the property presently planned for
R-2 use could be better developed with C-H uses. He said the owners wish to develop the
property with light commercial or professional uses and that this type of use would bring
in less traffic than apartments and only in the daylight hours.
Mr. Bill Sweet, 9047 Florence Avenue, Downey, representing Mr. Herbert Schaeffer
owner of property at 9637 Lakewood Blvd., requested a change of zone on the property from
the proposed R-2 to C-H.
Mr. Walter C. Hong, representing the owner of property at 9701 Lakewood Blvd., stated
that development of this property to C-H uses would be a better development than the R-2
uses proposed.
Mr. Fedish.on of Edon Properties, developer, requested consideration of a C-H zone on
the Lakewood Boulevard properties.
Mr. John Boles, owner of the property at 9701 Lakewood Blvd., also requested considera-
tion of a C-H zone on his property.
Mr. Ira Brown, 15840 Ventura Blvd., Encino, representing owners of property at 12055
Lakewood Blvd., requested consideration of R-3 zoning on this property. The owner, Mr.
William Trian.o, resident of Santa Barbara, also requested R-3 zoning on this property.
Councilman Morton requested that the properties in his district on which
presentations were made at this meeting be assigned appropriate case numbers and be set up
for review and recommendation.
It was moved by Councilman Winton, seconded by Councilman Morton, and so ordered to
continue the hearing on the General Plan and General Plan Map to 8:00 a.m., February 23,
1971, in the Council Chamber of the Downey City Hall.
Mayor Ferris stated that each presentation will be given a proper case number and
will be reviewed by the City Council. In response to a question by Mr. Bill Sweet, the
Mayor stated the City Council may not take an action on the matter for 45 to 60 days.
In response to a statement made by Mr. Fedishon regarding delay in the adoption of
the General Plan, Councilman Morton stated that this is the first time he had made a
presentation to the City Council formally,
City Attorney Sorensen stated that the matter before the City Council is the General
Plan and does not change the existing Zoning Ordinance. Any change in zoning, he stated,
would require the zone change procedure. He also mentioned the zone exception procedure
which would take less time.
The Mayor declared a recess at 8:30 p.m, The meeting was resumed at 8:40 p.m. with
Councilmen Morton, Winton, Hollis, and Ferris present; Councilman Jennings absent.
Mayor Ferris declared that this is the time and place for the public hearing on
AA22eal,t Zone Exception Case �k962, 8555 L�ndora Avenue. He inquired of the City Clerk if
she had the Affidavit of Publication, to which she responded in the affirmative.
The Mayor inquired of the City Clerk if she had received any written communications
on the matter, and she replied she had not.
Mr. William Goggin, Planning Director reported the subject property is zoned R-1 and
is developed with a single family residence and a detached two-story garage. The appli-
cant is requesting permission to connect the two-story garage to the residence which
would modify the rear yard setback of the residence to within one foot of the rear
property line. He stated the Code requires a 20-foot setback which can be modified by
the Planning Commission to ten feet without a hearing.
The Mayor inquired if there was anyone present who wished to speak in favor of the
matter.
Mr. Bill Helpes, Real Estate Appraiser, 5541 E. 23rd Street, Long Beach, brother-in-
law of the applicant, spoke in favor of the zone exception. He stated the garage in
question has an outside stairway and entrance and the applicant wishes to convert the
upper floor into a den. He stated that at the time the building permit was obtained to
construct the two-story garage building, it was the intention of the applicant to convert
the upstairs storage room to a den and for that reason the building was constructed in a
Council Minutes 2/8/71 -2-
3.
manner that it could be converted, exceeding the building requirements for a garages Mr.
Helpes presented a statement signed by thirty-four residents in the area, indicating
their approval of conversion of the subject garage for use as a den.
In response to a question by Councilman Hollis as to what hardship is 'being claimed
by the applicant, Mr. Helpes stated that the hardship is that the applicant originally
believed that the approval to construct the garage was also an approval for its future
conversion to a den and that certain features were built into the structure that do not
lend themselves to a storage area.
In response to questions by the City Council, Mr. Goggin read from the building
permit which indicated the proposal was for a two-story structure to be used as a garage
with storage area on the second floor.
In reply to a question by Councilman Morton, the Director of Building and Safety,
Ray Lake, stated if the building had been approved for occupancy the Building Code would
have required certain hearing and electrical installations which were not required for
use of the building as a garage and storage room.
Mr. Goggin stated that the area in which the subject property is located is
deteriorating because of zoning violations.
In rebuttal, Mr. Helpes referred to the statement of Mr. Goggin regarding the area
rapidly deteriorating, He said everything is a matter of degree; at the present, there
is a pride of ownership. He stated that the exception requested is not of the type that
will immediately 'become a detriment to the property values.
It was moved by Councilman Winton, seconded by Councilman Hollis, and so ordered to
close the hearing on Appeal, Zone Exception Case #962, 8555 Lyndora Avenue.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to uphold the decision of the Planning Commission and to deny the appeal
on Zone Exception Case #962 as the case does not meet the findings required by Section
9130.2 of the Downey Municipal Code.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to
approve the Minutes of the City Council Meeting of January 26, 1971.
Communication from Helpline Youth Counseling Center enclosing Progress Report,
Ordered received and filed,
Communication from Downey Chamber of Commerce enclosing Statement of receipts and
expenditures on the 1970 Christmas Decoration Program. Ordered received and filed.
Councilman Morton commended the Downey Chamber of Commerce for the excellent job in
submitting their report in detail. He suggested that next year's report listing the
merchants who are participating in the program be submitted prior to their request for
funds from the City.
Communication from Southern California Association of Governments regarding Annual
Meeting to be held February 9-11 in Newport Beach. Mayor Ferris appointed Councilman
Hollis to attend.
Communication from The Steelmasters Company, Inc., 9734 Washburn Rd., Downey,
regarding Conditional Use Permit, Case #41 - Request for Hearing on Appeal of Conditions.
It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the
following vote to set a hearing on Appeal of conditions of approval of Conditional Use
Permit #41 for 8:00 a.m., February 23, 1971, in the Council Chamber of the Downey City
Hall.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
Memorandum dated January 29, 1971 from the Director of Finance regarding Adverse
Claims Procedure, Following a report by the City Manager, the Mayor requested that the
Council Minutes 2/8/71 -3-
procedure be modified to include the Department recommendation when the claim is
initially referred to the City Council for information.
REPORT OF LEGAL CLAIMS FILED
Bernard Kahn, 13444 Verdura Ave., Downey
Interinsurance Exchange of Auto Club of So. Calif., Subrogee of Martha D. Allen,
8514 Dalen St., Downey
LEGAL CLAIMS FOR COUNCIL ACTION
Nancy Ann Wortham, 12331 Dunrobin Ave.
Lois Palmer, 7848 E. Blandwood Rd.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to deny the legal claim of Nancy Ann Wortham, 12331 Dunrobin Ave.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to deny the legal claim of Lois Palmer, 7848 E. Blandwood Rd.
AYES:
4
Councilmen:
Morton, Winton, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Jennings
ORDINANCE NO. 390
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 4600 OF THE DOWNEY MUNICIPAL CODE
AND ADDING SECTION 4600.1, WHICH SAID SECTIONS
RELATE TO NOISE
Mayor Ferris read the Ordinance in its entirety.
It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the
following vote to adopt Ordinance No. 390.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
ORDINANCE NO, 391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL, CODE BY AMENDING SECTION
3186(n), ORDINANCE NO. 262, RELATING TO RESTRICTED
SPEED LIMITS
The Ordinance was read by title only. It was moved by Councilman Morton, seconded
by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to adopt Ordinance No. 391.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
Ken Gotzenberg, 10238 Clancey Ave., Downey, appeared before City Council and spoke
regarding the Ordinance Relating to Noise, Ordinance No. 390. He requested that a Lot on
Woodruff Ave., south of the railroad tracks and across the street from Whitman Steel, be
converted to a mini -'bike track.
Mayor Ferris thanked Ken Gotzenberg for his suggestion and requested that he contact
Mr. Ruth, Director of Park and Recreation at his office at Apollo Park and that Mr. Ruth
would work with him on this.
Councilman Winton said the area in question is soon to be an extension of Stewart and
Gray Rd.
Council Minutes 2/8/71 -4-
CD,.
In response to comments by Ken Grooms, 9225 Buell St., Downey, Mayor Ferris explained
the Ordinance relating to noise does not outlaw mini -bikes in the City.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION
3186 (j), ORDINANCE NO. 262 RELATING TO RESTRICTED SPEED
LIMITS
The Ordinance was read by title only. It was moved by Councilman Morton, seconded
by Councilman Winton, and so ordered to waive further reading.
It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the
following vote to introduce the Ordinance.
AYES:
4
Councilmen:
Morton, Winton, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Jennings
RESOLUTION NO. 2508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE 1971 SUPPLEMENT TO THE STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION, PUBLISHED BY THE AMERICAN
PUBLIC WORKS ASSOCIATION AND THE ASSOCIATED GENERAL
CONTRACTORS, AS A SUPPLEMENT TO THE OFFICIAL SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION IN THE CITY OF DOWNEY
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to adopt Resolution No. 2508.
AYES:
4
Councilmen:
Morton, Winton, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Jennings
RESOLUTION NO. 2509
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING A PROFILE, AND IMPROVEMENT PLANS AND SPECIFI-
CATIONS FOR LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
STORM DRAIN BOND ISSUE PROJECT NO. 695 (1958 SUPPLEMENTAL)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the
following vote to adopt Resolution No. 2509.
AYES:
4
Councilmen:
Morton, Winton, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Jennings
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 25450,
ACCEPTING THE DEDICATION THEREIN OFFERED, APPROVING AN
AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF SURETY
BONDS (DE PALMA STREET SOUTH OF LUXOR STREET WEST OF
MITLA AVENUE TO CITY LIMITS)
The Resolution was read by title only.
In reply to a question by Councilman Morton, the Director of Public Works stated all
conditions have been met for the subdivision, including the requirement for green area or
payment in lieu.
Council Minutes 2/8/71 -5-
9
Mr, Roger Muir, representing Lanco Engineering, indicated the willingness of the
subdivider to meet the requirement for payment of fees in lieu of the green area for the
8 lots of the subdivision located in the City of Downey.
It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to
refer this matter to Department of Public Works for a report back to Council to include
recommendation of Park and Recreation Department and the amount of "in lieu" fees
required.
RESOLUTION NO. WS-724
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 33452 -
33958 -- $197,759.88 -- PAYROLL)
The Resolution was read by title only. It was moved by Councilman Morton, seconded
by Councilman Winton, and so ordered to waive further reading..
It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the
following vote to adopt Resolution No. WS-724.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
RESOLUTION NO. WS-725
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 12940 -
13172 -- $147,953.42)
The Resolution was read by title only. It was moved by Councilman Winton, seconded
by Councilman Morton, and so ordered to waive further reading.
It was moved by Councilman Winton, seconded by Councilman Hollis, and passed by the
following vote to adopt Resolution No. WS-725.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
It was moved by Councilman Morton, seconded by Councilman Winton, and passed by the
following vote to approve an Agreement for slope easement in conjunction with Cash
Contract #SS-198, Foster Bridge Blvd., and authorize the Mayor to sign the agreement.
AYES:
4
Councilmen:
Morton, Winton, Hollis, Ferris
NOES:
0
Councilmen:
None
ABSENT:
1
Councilmen:
Jennings
It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the
following vote to approve specifications and grant authority to advertise for bids on
Cash Contract #266, Cleaning of Palm Trees, Various Locations.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
It was moved by Councilman Winton, seconded by Councilman Morton, and passed by the
following vote to approve an exchange of right-of-way for street improvements on five
parcels shown on Exhibit A; authorize Chapter 27 proceedings against two parcels shown on
Exhibit B, and waive the informal notification period on Cash Contract #241, Davis
Street, Downey Avenue to Dolan Avenue, D. I. P. #616.
AYES: 4 Councilmen: Morton, Winton, Hollis, Ferris
NOES: 0 Councilmen: None
ABSENT: 1 Councilmen: Jennings
Council Minutes 218171 -6-
Q,22
Lakewood Roulevard, west side, north of Florence Avenue: Parking Restrictions.
Report of Traffic Committee recommending proposed parking restrictions be taken under
submission for further study.
It was moved by Councilman Morton, seconded by Councilman Winton, and so ordered to
direct the City Manager to advise Mr. William Love, Arrington Square Corporation, of the
status of this matter.
CITY MANAGER'S REPORT
City Manager Thompson reported on Ribbon Cutting Ceremony of Imperial Highway Bridge
on February 19th, at 9:30 a.m., Supervisor Bonelli to officiate, and Mayor and Members of
City Council are invited to attend.
City Manager Thompson reported on newly -formed Rancho Development Center located at
Rio San Gabriel School. He said the school is for mentally and physically retarded
children and is a very worthwhile and much needed program.
ORAL COMMUNICATIONS
Mr. Frank Perez, 9104 Gainford, with offices 8535 East Florence Avenue, appeared
before the City Council. He raised questions regarding the award of the City's Group
Life and Health Insurance Contract. He stated the City is paying 10% more than the bid
that he submitted. He stated that Mr. Lee Cranmer, Jr., of Pacific Group Agencies was a
member of the Insurance Committee, the writer of the insurance, constituting a conflict
of interest,
City Manager Thompson requested the matter be referred to him for a complete review
of the matter and report back to the City Council. He stated that Mr. Crammer is not a
member of the Insurance Committee. He stated the Director of Finance is one member of
the Insurance Committee of seven persons.
Following further comments by Mr. Perez and questions by the City Council, the
matter was referred to the City Manager for review and report.
There 'being no further business to come before the City Council, the meeting was
adjourned at 10:50 p.m.
ELLEN C. DAVIS, CITYCLERK
Council Minutes 2/8/71 -7-