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HomeMy WebLinkAboutMinutes-08-09-71-Regular MeetingMINUTES OF THE CITY. COUNCIL OF THE CITY OF<DOWNEY AUGUST 9, 1971 T A B L E O F -.M I N U T R -_A T I O N S SUBJECT: ACTION: Appeal, Z.E. Case #1004, 9655 E. Firestone Blvd. Denied Appeal, Z.E. Case #1000, SE Corner Studebaker Rd. & 605 Freeway Off -ramp D.I.P. #619, 7540 Quinn St. (Wiley -Burke Ave. frontage) Minutes, July 27, 1971 Appeal, Z.E. Case #1014 Seventh Street Widening #105 Freeway Agreement Resolution #2573 Decl. Int. to Vacate Horton Lane Lying Sly of Imperial Hwy. in Rancho Los Amigos County Hospital Resolution #2574 Opposing Deletion of Route 19 (Lakewood Blvd.) from State Highway System Hearing, 8/23/71 on Deletion of Routes from State Highway System Resolution #WS-750 (Payroll) — Resolution 4AWS-751 (B Warrants) j D.I.P. #621, E/s Studebaker Rd. between Cecilia& Benfield. Auth. Chapter 27prcdgs. Sidewalk Matching Fund Program, Commercial Areas Automated Want and Warrant System Report Heliport and Parking Agreements Obstructions within the street right-of-way Ordinance Amending Sec. 6407 & 6407.1 DMC which relate to Permit Fees Waiver of Penalties on Business License Renewals License Agreement with So. Calif. Edison Co., Wilderness Park Site Underground Utilities Commission Page 1 of 1 PAGE NO. 2 Taken under submission & Ref. to Plan. Dept. for recommendation 4 Taken under submission for study 5 Approved 5 Hearing set for 9/13/71 5 Rescind previous action & Taken under submission for investigation 7 Ref. to City Manager Adopted Adopted Dir. Public Works authorized to attend Adopted Adopted Approved Held in abeyance No action Approved Intent to sign Ref. to City Manager for preparation of ordinance Introduced Approved Mayor authorized to sign Request for new appointment II 8 8 8 8 9 9 9 9 10 10 10 10 10 11 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUGUST 9, 1971 The City Council of the City of Downey held a regular meeting at 7:30 p.m., August 9, 1971, in the Council Chamber of the Downey City Hall, Mayor Joseph G. Ferris presiding. PRESENT: Councilmen: Morton, Jennings, Hollis, Ferris ABSENT: Councilmen: Winton ALSO PRESENT: Charles W. Thompson, City Manager Richard Terzian, Acting 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 d Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Tom McCourt, Recreational Superintendent Ellen C. Davis, City Clerk Judy McDonnell, Executive Secretary Councilman Jennings delivered the invocation, followed by the Flag Salute led by Councilman Morton. Mayor Ferris introduced Mr. Leamon T. Pulley, who has served as a Pharmacist on Downey Avenue for 53 years, and is now retiring. Mr. Pulley was presented a plaque for his outstanding service to the City of Downey. Mr. Pulley expressed his appreciation to the Mayor and City Council for the honor bestowed on him. He spoke of the progress made in the City of Downey since 1919 when he first came into the City. Councilmen Morton and Hollis expressed appreciation to Mr. Pulley for his fine work in the City of Downey. Mr. Pulley introduced his family. Mayor Ferris declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1004, 9655 East Firestone Boulevard. He inquired of the City Clerk if she had the Affidavit of Publication, to which she responded in the affirmative. Planning Director William Goggin reported the request is to establish and maintain flags, banners and pennants as advertising for automobile sales. He said the Planning Commission heard the case and after consideration denied it. Mr. Goggin stated the applicant has filed an appeal and requested Council to return a decision in his favor. Mayor Ferris inquired of the City Clerk if she had received any correspondence on the matter, and she replied she had not. Mayor Ferris inquired if there was anyone present who wished to speak in favor of the matter. Mr. John Delorn, Secretary -Treasurer of Downey Dodge, spoke in favor of the zone exception. He stated Downey Dodge is the only automobile dealership in Downey restricted from using banners, and he believed the decision of the Planning Commission was descriminatory. Mr. Delorn said banners and flags are necessary to the business by attracting attention to the lot. He stated when the dealership was established on Firestone as a zone exception it was not known what restrictions would be placed on it. Mayor Ferris inquired if there was anyone present who wished to speak in opposition to the matter. Mr. Sylvester Archer, 11112 Newville, spoke in opposition to the zone exception. He stated the banners used by the dealer were plastic, and they would break off and flitter the neighborhood. Mayor Ferris inquired if there was anyone else present who wished to speak in opposition to the matter, and there was no response. He inquired if there was anyone present who wished to speak in rebuttal to the opposition. Council Minutes 8/9/71 -1- Mr. Charles Wigderson, used car manager at Downey Dodge, stated the flags did not cause litter, inasmuch as the situation was carefully watched due to the fact that the car lot is next to a residential area. He stated they catered to the tenants of the apartments in back of their Lot to the extent of turning off some of the lights to respect their wishes. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to close the hearing on Appeal, Zone Exception Case #1004. Councilman Morton stated that he believes the question is not whether or not this particular automobile business is the only one in Downey not permitted to have flags and banners. He said the basic question is the matter of what the zoning permits and the business was permitted under a zone exception on C-1 property subject to certain conditions. He said the dealers referred to as having flags and banners are established in a C-4 zone which permits this advertising media for automobile sales. Councilman Morton stated that to grant this exception would be setting a precedent and he is not in favor of the request. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to uphold the decision of the Planning Commission on Zone Exception Case #1004, and deny the appeal. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Mayor Ferris declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1000, Southwest Corner Studebaker Road and 605 Freeway Off -ramp. He inquired of the City Clerk if she had.the Affidavit of Publication, to which she responded in the affirmative. Planning Director William Goggin reported the request is to establish and maintain a gasoline service station, a commercial building, a two-story apartment building with off-street parking for 28 automobiles, a 200 square foot double-faced interior lighted pole sign 50' in height, a double-faced interior lighted pole sign of 84 square feet 257 high, and modification of building and parking setbacks. He said the planning Commission heard the case and took the matter under submission for two weeks for review and analysis, and on July 7th denied the request. In response to questions by Councilman Jennings, Mr. Goggin stated that the present zoning of the property is R-1-5000. He said the State acquired the property when Studebaker Road was realigned. He said that prior to sale of the property, the State requested the Planning Commission to determine the future use of the property in order that they could establish a selling price. After considerable study, he stated, the Commission recommended that it be sold for no higher than an R-2 use. Mr. Goggin stated it is his understanding that the property was sold for an R-2 use. He said the Commission proposes use under the R�2 with an overlay which means the Commission would be willing to go to R-2 and slightly higher, but not to the R-3 density. Mayor Ferris inquired if there was anyone present who wished to speak in favor of the matter. Mr. Dale L. Ingram, Consultant, P. 0. Box 229, E1 Monte, appeared in behalf of the applicant. He exhibited a colored plot plan showing the proposed development, a radius map showing actual locations, and submitted a petition signed by residents of the area in favor of the development. He said the applicant is requesting approval of the zone exception to permit construction of a planned development consisting of a 14-unit apart- ment building with 21 carport spaces and 7 open spaces, a Tic-Toc Market, Norge center, three small businesses which could include a barber shop and a beauty shop, and also at the north end next to the ramp an ARCO service station. He stated that their request is for one free-standing sign only and that would be for the service station. He said all other signing would be flush to the face of the buildings. He described the surrounding area and the uses on it. Mr. Ingram stated the facts supporting the hardship in this case is the Location, having the freeway on one side, Studebaker Road on the other, and the freeway ramps on the other side. He said they have heavy traffic on three sides of this property. He stated the property is further affected by the commercial property to the north just across the ramp and to the east. He stated it was brought out in the Planning Commision meetings that the property is not suited for R-1 development, and that in checking with other developers of subdivisions near freeways, he found that in order for the developers Council Minutes 8/9/71 -2- to sell the houses in the back row next to the freeway, it was necessary to make special considerations such as appliances. He stated it was also found that there was a high rate of foreclosures on those houses built next to the freeway. He said in checking with lending institutions, they turned down loans for single family development, and indicated an interest in some multiple and commercial development. Mr. Ingram stated they learned from other cities, the impact of freeways on adjacent homes, and reviewed information supplied by the Division of Highways which emphasized the affect of interchanges which is greater than intersections of major streets. Mr. Ingram stated he believed the City has an opportunity to do something with the property while it is vacant and that they proposed the zone exception for control of it, since the City does not have a planned development ordinance per se. He stated that since the previous request for a zone exception to build a service station on the north end of the property which was withdrawn without prejudice, they have conducted numerous studies to determine the best use of the property. He said there has been a complete re -design of the previous ARCO station such as the lighting pattern. He said a survey of the home owners in the area indicated that those persons directly affected by the proposal, being across the street from it, were in favor of the proposed development. Mr. Ingram exhibited renderings of the proposed development, showing a Spanish design of all buildings. He said the apartment building will act as a buffer between the commercial and residential property to the south. Speaking on revenues to the City, Mr. Ingram stated that this property could be an asset to the City if developed to the proposed uses as it is located at the intersection of two of the busiest freeways in the State of California. He stated that they believe they have shown by the neighborhood support that the proposed development is compatible with the existing development in. the area. He said at the present time the market value of the property is $50,000, and assessed value of $11,250 with combined revenue to taxing agencies of $1,462. He said if the property were to be developed with eleven houses at $24,000 each, the market value would be $264,000, assessed value $66,000, with tax revenues of $8,514. He stated the planned development proposed would have a market value of $727,521, assessed value of $181,880, with revenues to the taxing agencies of $23,500. He referred to pending legislation which would remove the exemption of sales tax on gasoline, adding further revenues to the City. Concluding his presentation, Mr. Ingram stated that he believed the trend today in cities and counties is to provide transportation corridors and to provide commercial ser- vices adjacent to freeways, such as motels, restaurants, gasoline stations, and other uses to serve not only the traveling public, but also the residents of the cities who are getting on and off the freeways. He commented regarding the present development of major intersections throughout the City. He stated their survey of the people in the area disclosed that there is a need for the type of commercial establishments that are included in their proposed planned development. The Mayor inquired if there was anyone else present who wished to speak in favor of the matter, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Mrs. Norma Fergus, 7429 Cherokee Dr., Downey, spoke in opposition to the establish- ment of a service station in an area which she stated is presently saturated with them. She said that she believed taxes should not be a deciding factor in the matter of land use, and that this higher use would require more City services than the residential use would require. Gary Hope, 10809 Crossdale, opposed the proposed development because of the addition of a fifth station in this area and to the lights and noise which would result. Jess Ortega, a resident on the southeast corner of Studebaker and Cecilia, objected to the proposed development because of the service station as well as the dust, lights and noise. James Fergus, 7429 Cherokee Dr., objected to the addition of another service station in that area. He also commented regarding ingress to and egress from the area. He said that to get off the freeway, the only access to the service station is to the right and to get out, it would be necessary to cross Studebaker Road, and the only way to go north would be to circle around. He said there is not a southbound off -ramp at that point. He said this is not the type of service station that travelers see as they are crossing the country where there is a service road. He said such a development could serve only those persons coming off of the freeway. Council Minutes 8/9/71 -3- Mayor Ferris inquired if there was anyone else to speak in opposition, and there was no response. He inquired if the applicant wished to speak in rebuttal. Mr. Dale Ingram, speaking for the applicant, stated that with regard to the apart- ments, it was possible to build and operate apartments next to a portion of the freeway because there are people who would put up with the noise in order to have the convenience. Responding to comments of Mr. Fergus regarding access, he said there is good circulation into the station and the commercial development through the driveway that would align with the intersection. He said there is a signalized intersection at the ramp north and it would be possible to turn into this development, left turns going north, right turns going south, and that the traffic pattern is there for people coming in and going out of the property. He said as far as freeway visibility, the service stations presently located in that area have good visibility from the freeway. He stated the service station would be an asset as it would give a choice of brands and that competition is necessary. He stated that the City Council is the final authority in this matter and must base their decisions on changing conditions. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to close the hearing on Appeal, Zone Exception Case #1000. It was moved by Councilman Morton, seconded by Mayor Ferris, and passed by the following vote to take the matter of Zone Exception Case 41000 under submission for further analysis of the testimony presented and that the matter be referred to the Planning Department for their recommendations on a Planned Development basis. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Acting City Attorney Terzian stated that under the City Ordinance, a decision must be rendered within 40 days. The Mayor declared a recess at 8:50 p.m. The Meeting resumed at 9:00 p.m., with Councilmen Morton, Jennings, Hollis and Ferris present; Councilman Winton absent. Mayor Ferris declared that this is the time and place for the public hearing on — Downey Improvement Project 0619, 7540 Quinn Street (Wiley -Burke Avenue frontage). He inquired of the City Clerk if she had the Affidavits of Posting of Notice and Mailing, to which she responded in the affirmative. Affidavits ordered filed. The Mayor inquired of the City Clerk if she had received any written protests, and she replied she had not. Director of Public Works Ervin Spindel reported that the property owner had several times been offered Matching Funds for the subject construction and did not take advantage of them. He said it was felt by the Staff and the Traffic Committee that this sidewalk is a vital link for school pedestrian traffic. He recommended the City Council authorize the Department to proceed with the construction of the sidewalks. The Mayor inquired if there was anyone present to speak in opposition to the proposed improvements. Mr. Isaac C. Wright, 7540 Quinn Street, spoke in opposition to the construction of sidewalks. He stated the sidewalk would not adjoin any other sidewalk, and he did not agree that it was necessary for school pedestrian traffic. Responding to comments regarding the proceedings, the Director of Public Works stated that sidewalks may be instigated by a 60% petition, or if sidewalks have been con- structed on 50% of the block, or by a City Council action. Mr. Wright presented a drawing which he stated would indicate the unnatural portion of sidewalk that would be installed if this improvement were authorized. The Director of Public Works stated that the pedestrian traffic that would be affected would be the traffic coming down the west side of Wiley -Burke. He said it is intended to put a crosswalk at Quinn Street leading to a crosswalk where they can cross Wiley -Burke under the protection of a stop sign. Mrs. Issac C. Wright, also spoke in opposition to the proposed construction of sidewalks. She inquired what the City is doing about the children coming from other areas on sidewalks. Council Minutes 8/9/71 -4- In response to a question by Mrs. Wright regarding the need for sidewalks in other areas, the Director of Public Works stated a City-wide survey is being made on all pedestrian routes to schools and in time, it is hoped that many of these situations will be taken care of, but that it is necessary to accomplish this a step at a time. Responding to a question by Councilman Hollis, the Director of Public Works stated that the Traffic Committee made a survey of the area over a year ago in connection with the project of installing sidewalks on Wiley -Burke north of Quinn Street between Quinn and Irwingrove. At that time, he stated, the survey disclosed there were many children and other pedestrians crossing Wiley -Burke mid -block in that area, and the Traffic Committee felt it was desirable to have the continuous sidewalk so that the pedestrians could be guided across the street at protected intersections. The Mayor inquired if there was anyone else present who wished to protest the pro- posed construction of sidewalks. There was no response. Mayor Ferris stated that the problem in this area has been persisting for some two and a half years. He said that the survey indicated that some 58 children in the morning fed down from Pomering and Julius and the west side of Wiley -Burke, as well as other streets on the other side, and they were making a diagonal crossing at this extremely dangerous corner. He stated that he believed this project is necessary. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to close the hearing on Downey Improvement Project #619, 7540 Quinn Street (Wiley -Burke Avenue frontage). Following discussion on the matter, it was moved by Councilman Morton, seconded by Mayor Ferris, and so ordered that this matter be taken under submission for study. Mayor Ferris requested the Director of Public Works to provide the City Council with a report of the history of studies in this area, Pomering, Julius, Wiley -Burke, and particularly the reasons for the recommendation for sidewalks north of Quinn Street. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to approve the Minutes of the City Council Meeting of July 27, 1971. - Communication from YMCA, Downey, requesting a hearing on Appeal, Zone Exception Case #1014. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to set a hearing on Appeal, Zone Exception Case #1014, for 7:30 p.m., September 13, 1971, in the Council Chamber of the Downey City Hall. Communication from City of South Gate regarding Annexation #19 to the City of South Gate. Ordered filed. Communication from Mrs. Joy Blair requesting permission to speak before the City Council regarding the Seventh Street Widening. Mayor Ferris stated he has reviewed the matter and it was his intention to recommend that Council not proceed with the widening of Seventh Street but only with the necessary improvements with the provision that if the people preferred the widening he would follow the majority. Mrs. Blair read her letter to City Council. She discussed the removal of trees on Seventh Street and stated her father cut the surface roots on her tree approximately 13 years ago, and the tree has not damaged the curb. She requested the City cut the surface roots to preserve the trees, and she requested the City repair the street without widening it. The Director of Public Works reported that the Seventh Street Project has been in the advanced planning stage for many years, and it was indicated approximately five years ago when the first storm drain was installed on Western Avenue and at Seventh, the catch basins were set back five feet from the existing curb. A few years later the storm drain was built in Seventh Street from Downey Avenue to Paramount Boulevard, and at that time all of the other catch basins were set back, indicating that the street would eventually be widened to that curb alignment. He said there were no protests at that time and it was indicated by those persons using Seventh Street that this would be a welcomed improvement. He said the project was budgeted in 1970-71 fiscal year, and a review of the street projects submitted for the budget by the staff committee, consisting of the Planning Fire, Police and Public Works Departments, the widening of Seventh Street was listed as Council Minutes 8/9/71 -5- 4, one of the top three priority projects. He said the trees in question are old and have caused damage and are now declining, and it is expected they will continue to decline and be less useful than they are now. He said if the curb and gutter and the paving were to be repaired in the present alignment with no widening, the cost of the project would be in excess of $55,000, the additional cost of the widening which was contemplated, includ- ing the right-of-way, was an additional $22,000, with a total of approximately $80,000 as estimate for the project,, He stated it was his opinion which is shared by staff that it would be a waste of money to repair the street and leave the curbs where they are. Responding to comments made by Mrs. Blair and items listed in the letter read by her, Director of Public Works Ervin Spindel clarified the following items: A parking lane is considered to be eight feet rather than nine. With the present alignment with no parking on the north side of the street, when a car drives that close to the curb, there is a natural tendency to stay a couple of feet from the curb. Therefore, there is a need for a total gross width greater than the net width of a driving lane. The proposed width would give two eight -foot parking lanes and two twelve -foot driving lanes. The project is not being constructed to provide parking, but the fact that there is a parking lane gives easier ingress and egress from the driveways. As to the statement in the letter of a promise that someone could park with the car protruding into the sidewalk, Mr. Spindel stated that was a misunderstanding; there is one property with parking close to the sidewalk and it is intended that the parking be re -arranged, and the City would work with the owners. Regarding the question as to why some of the property owners were not notified, Mr. Spindel stated it had just been learned that Mr, and Mrs. Fairchild were the owners of one of the properties and that the property had changed hands and the names of the previous owners appeared on the tax rolls. Regarding the number of parcels, Mr. Spindel stated there are 31 parcels under con- sideration. Of those nine owners have signed agreements consenting to the acquisition of the right-of-way which amounts to 33t% of the net front footage, Seven had verbally indicated they would sign agreements if the Council affirms that the project is going forward. That amounted to 23.6% of the footage, for a total of approximately 57% of the total front footage. In checking the petition presented by Mrs. Blair, Mr. Spindel stated he found that owners of ten of the properties on Seventh Street signed the petition, amounting to approximately 37% of the front footage. One property owner signed the agree- ment for consent and also the petition. He said there were also the property owners who verbally consented to the project and are included on the petition, and these two were included in the percentages stated before. He stated he talked to one of the property owners who had verbally agreed and later signed the petition, and that person's concern was the future use of the property if apartments are to be built in some of the areas where there are no apartments,as to the setback requirements, Mr. Spindel stated he had discussed this with the Director of Planning and the Staff would recommend the setback line remain where it is and line up with existing apartments. Mr. Spindel stated that he believed as did the rest of the Staff that this is a much needed improvement, and while there are some adverse effects on such improvements, the overall benefits to the traveling public and the City as a whole would outweigh the adverse effect., Mayor Ferris commented that it has been nearly two months since the dedication process began, and that out of 31 properties, nine have signed the agreement, consti- tuting 29% of the owners of the parcels. He said he believed this is a marginal case and to add another row of parking which he said he does not believe is necessary does not warrant the widening of the street. He stated he believed the street is in dire need of improvements as are the sidewalks and gutters, and that the trees should come out. In response to a question by Councilman Morton regarding the areas where the curbs and gutters are presently set back, Mr. Spindel stated that these are in the areas of the catch basins which were started five years ago, contemplating the subject project. In response to a question by Councilman Jennings, Mr. Spindel stated that virtually all of the ash trees had caused visual damage to the curbs and gutters, and that if the curbs and gutters were to be repaired if the street was to remain with its present alignment, the City would be remiss in not removing these trees. Replying to a further question by Councilman Morton, Mr. Spindel stated the City has been looking at the possibility of cutting the roots of the trees with a special saw as was done with Mrs, Blair's tree, for certain species. He said that unless there is a Council Minutes 8J9J71 -6- constant program, he would not recommend cutting the roots of the ash trees as it is very expensive; also the ash tree roots are both surface and deep roots, Mr. Wright, 8111 Seventh Street, commented that the City had not cut the tops of the trees. He stated he lost his tree because it became top heavy, a limb blew off, and the City cut his tree without prior notice and replaced it with a small tree which does not shade his apartments. Mr. Tom Lecoq, 9835 Foster Road, said he was born and raised at 8111 Seventh Street, and that he believed the removal of the trees is the greatest concern in the matter of the street widening. He stated he believed the trees have a great effect on the value of the property on that street and have a great effect on aesthetics. He stated he believed that the desires of the property owners on the street should have priority over those who drive on Seventh Street. He commented also regarding the small trees the City has been planting, replacing the large shade trees, In response to a question by Councilman Jennings, Acting City Attorney Terzian stated the City could be liable if a tree should fall on a person following the cutting of the roots, and he stated there had been such a case about a year ago in the City of Beverly Hills when a tree which had not been properly maintained fell and injured a person for life. In that case, he said, there was a judgment of a million and a half dollars against the City of Beverly Hills and the property owner. Mrs. Joy Blair commented that the length of the street that is to be widened is three blocks long and dead -ends at Brookshire. She stated the tree in front of her property which had the roots cut 13 years ago and has not done any damage should be used as an example of what could be expected if the roots were cut rather than removing the trees. Mrs. Barbara Siebert, 12727 Brock Avenue, commented regarding the trees being cut in her neighborhood, and she inquired regarding the work being done after 5:00 p.m. She stated that she had received a letter from the County Assessor advising that after the trees have been removed, the property will be re -assessed at a lower assessed valuation. Mayor Ferris recommended a motion to cease all further acquisitions of property by dedication and to proceed with the improvement of Seventh Street at the current width and configuration, and the plans to include whatever is necessary to ensure the health, safety, and welfare of the public. He said this would effect a savings of approximately $22,000. in Gas 'Tax Funds on a street where traffic is relatively low. It was moved by Mayor Ferris, seconded by Councilman Jennings, and passed by the following vote to rescind the previous action of the City Council approving the Widening of Seventh Street, take the matter under submission, and proceed with the investigation of alternate plans for the improvement of Seventh Street. AYES: 4 Councilmen, Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton The Director of Public Works requested permission to move the Washingtonian Palm Trees to Wilderness Park, There were no objections. The Mayor declared a recess at 10;25 p.m, The Meeting resumed at 10:40 p.m., with Councilmen Morton, Jennings, Hollis and Ferris present; Councilman Winton absent. Memorandum from Mayor Ferris relative to corrections of the 105 Freeway Agreement recommended by Mayor Ferris and Councilman Morton. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to refer the matter of the Freeway Agreement to the City Manager for including in the Agreement the items listed in the memorandum. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT; 1 Councilmen: Winton Council Minutes 8/9/71 -7- RESOLUTION NO. 2573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO VACATE HORTON LANE LYING SOUTHERLY OF IMPERIAL HIGHWAY IN THE RANCHO LOS AMIGOS COUNTY HOSPITAL The Resolution was read by title only, It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2573. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton RESOLUTION NO. 2574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE DELETION OF ROUTE 19 (LAKEWOOD BOULEVARD) FROM THE STATE HIGHWAY SYSTEM AT THE PRESENT TIME The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No. 2574. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Councilman Morton recommended that the cover letter to the State Division of Highways point out that Lakewood Boulevard from Long Beach north carries a tremendous amount of heavy traffic of which a great deal is Interstate Commerce in which the City has no interest and no involvement. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to authorize the Director of Public Works to represent the City of Downey at the Hearing to be held in Los Angeles on August23rd on the deletion of routes from the State Highway System, RESOLUTION NO. WS-750 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. 40123 - 40632 — $205,002,60 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No, WS-750, AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT:' 1 Councilmen: Winton RESOLUTION NO. WS-751 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. 15380 - 15543 -- $519,688.13) The Resolution was read by title only. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to waive further reading. Council Minutes 8%9%71 -8- It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-751. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Downey Improvement Project No. 621, E/s Studebaker Rd, between Cecilia St. and Benfield Ave, The Director of Public Works reported the sidewalk is recommended because this is the only sidewalk lacking on the block. He said this is a major street with heavy traffic, and the sidewalk was recommended by the Staff as a safety measure. He said pre- liminary notice will be given, and the property owner will be offered sidewalk matching funds. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to authorize initiation of Chapter 27 proceedings for sidewalk construction on Downey Improvement Project No. 621, E/s Studebaker Rd, between Cecilia St. and Benfield Ave. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Sidewalk Matching Fund Program, Commercial Areas Director of Planning William Goggin reported on study of Sidewalk Matching Funds for commercial areas made at the request of the City Council. He said the Department recommends that Sidewalk Matching Funds no Longer be available for commercial or industrial use, unless the request is initiated by the City. He requested that the City Council con- sider whether or not Matching Funds should remain available for R-3 or R-4 use, and also whether a broader program should be considered for providing Matching Funds for commercial and industrial property on the basis of the advantages the City would receive for such improvements. Mr. Goggin further recommended that the City Council revoke the Matching Funds for property on the west side of Old River School Road south of Firestone as the property owner has not taken advantage of the offer to date. It was moved by Councilman Jennings and so ordered to hold the matter of Sidewalk Matching Funds, Commercial Areas, in abeyance. CITY MANAGER'S REPORT City Manager Charles W. Thompson submitted the Automated Want and Warrant System Report. He stated that in summary it appears that this System has resulted in a substan- tial increase in the service of warrants, as well as more timely action in the service of warrants, and there has been some increase in revenues as a result of the System. Responding to a question by Councilman Jennings, Chief of Police Loren Morgan stated that originally there was a gentleman's agreement between the City Administrative Officer and the County Administrative Officer that eventually the County would take over the System. He said further correspondence from the City Administrative Officer to the County Administrative Officer has not resulted in any action by the County. City Manager Thompson submitted for the City Council's action the Heliport and Parking Agreements between the City of Downey and the Downey Unified School District which he stated have been reviewed administratively and by the City Attorney. It was moved by Councilman Jennings, seconded by Mayor Ferris, and passed by the following vote to notify the Downey Unified School District that it is the intent of the City Council of the City of Downey to sign the Agreements between the City of Downey and the Downey Unified School District, covering the lease of a surplus portion of the Downey Elementary School Site to the City for parking purposes, and lease of the City Heliport Site to the Downey Unified School District, when the language of said agreements is in proper form, such modifications to include a requirement that the two basketball courts which will be used as a part of the District Recreation Program will be lighted at the School District's expense. Council Minutes 8/9/71 -9- :.w-<_5 AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton City Manager Charles Thompson reported on difficulties experienced by pedestrians and motorists as a result of Obstructions within the street right-of-way. He recommended the adoption of an ordinance amending the Code which would provide for exceptions or non - applicability of the existing Code, where the landscaping is of a non -permanent nature. He also recommended an additional provision,where an obstruction constitutes a public hazard and prohibits the necessary use of public rights -of -way, and where such findings are made by the Director of Public Works and the Chief of Police, that it be removed by and at the expense of the owner of the abutting property. The City Manager requested authority to prepare the necessary Ordinance which would better define parkway obstructions and how they are to be handled. Mayor Ferris recommended that the language of the Ordinance include a statement that obstructions to be removed be subject to the approval of the City Council. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to authorize the City Manager to prepare an Ordinance regarding Parkway Obstructions for presentation to the City Council. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton City Manager Thompson reported that the legislature, in adopting Senate Bill 207, approved the budget for the State and incorporated Assembly Bill 350 requiring the Department of Justice charge $3.10 for the processing of non -criminal fingerprints. He stated this Legislation requires an amendment to Sections 6407 and 6407.1 of the Downey Municipal Code to update charges for permits on non -criminal fingerprinting. He presented a recommended fee schedule. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6407 AND 6407.1 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO PERMIT FEES The Ordinance was read by title only. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to introduce the Ordinance. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to approve Waiver of Penalties on Business License Renewals on pay- ments from sixteen businesses which were received Late due to delay in postal delivery. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Acting City Attorney Terzian read suggested changes to be made in the License Agreement with the Southern California Edison Company for use of a ten -acre tract under the Edison power lines for the proposed Wilderness Park Site. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to authorize the Mayor to sign the Agreement with changes as recommended. AYES: 4 Councilmen: Morton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton Council Minutes 8/9/71 -10- ...._e..4Ms..,3 ORAL COMMUNICATIONS Councilman Jennings requested the City Manager to make a survey of cities in Southern California, equal in population and assessed valuation to the City of Downey, for a comparison of compensation to Mayor and Councilmen. The Director of Public Works reported there will be a ribbon cutting ceremony on Stewart and Gray Road between the Railroad Tracks and Woodruff Avenue, August 12, 1971 at 3:00 p.m, The Director of Public Works reported that work will be commencing on re -surfacing and reconstruction of Paramount Boulevard from Stewart and Gray Road to Alameda on August loth. Mr. Kenneth Miller, Cleargrove Drive, Downey, appeared before City Council and stated he had submitted a proposal regarding the tax rate. He requested permission to speak on the matter. Mayor Ferris replied that Mr. Miller's proposal would be presented at the second Council Meeting in August when the tax rate is set. Police Chief Morgan introduced his wife, Patricia, Councilman Hollis introduced Mr. Cecil Parish, a member of the Parking Place Commission. Mayor Ferris introduced the President of the League of Women Voters, Mrs. Scotto Mayor Ferris stated he was appointed as a member of the Underground Utilities Commission by Councilman Morton when he was Mayor. He said he has served for the past three years on the Commission and requested City Council to appoint a new member. There being no further business to come before the City Council, the Meeting was adjourned at 11:15 p.m, in memory of Mr. Irvin Phelan, member of the City Beautification and Development Committee for several years, Past President of the Downey Historical Society, and husband of Mrs, Marjorie Phelan, Director of the Downey Civic Chorus. - Mayor Ferris said that Mr. Phelan has long been known in this City for his civic endeavors, n ELLEN C. DAVIS, CITY CLERK Council Minutes 8/9/71 -11-