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HomeMy WebLinkAboutMinutes-03-13-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 13, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Appeal, Z.E. Case #1010, 9981 Imperial Hwy. Referred to Planning Commission for recommendation Resolution #2665, Confirming Assessment for Chapter 27, D.I.P. #622, E/s Paramount N/o Leeds Adopted D.I.P. #624, Old River School Rd., N/o Irwingrove, SS #263 - Authorize Department of Public Works to proceed Approved D.I.P. #625, Old River School Rd., N/o Dinwiddie, SS #263 - Authorize Department of Public Works to proceed Lot Cleaning Program - 1972 Season - Deny protests & authorize Dept. of Public Works to perform in accord. with City Ord. & State Law Minutes, February 14, 1972; February 22, 1972; Adj. Meeting February 28, 1972 Appointment of Jim Santangelo to Citizens' Health & Sanitation Committee Comm. re Cost, Downey Historical Society Annual Comm. re Sales Tax Revenue Distribution Approved Approved Approved Approved PAGE NO. City Clerk to place on next Agenda City Attorney authorized to prepare resolution in opposition Comm. re Song - The Downey March Ref, to Councilman Ferris Earth Week Proclamation by Mayor Zone Change Case #120, 7204-7242 Stewart & Gray Rd. Hearing set for 4/10/72 Time Extension on Use of Property, 8554 Everest St., non -conforming use Approved Legal Claims Received: #048, Mrs. Michael Oreb No action Legal Claim (for Council action): #047, Doris L. Baldwin Denied Comm. re repeal of DMC Sec. 8904-f re Building & Property Rehabilitation Received & filed Tract # 0909, Rio Hondo Dr. Held in abeyance Resolution re Opening San Gabriel River Channel for Walkways for Use of Citizens Taken under submission Resolution, Supporting the CSI Reapportionment Plan Decision held Resolution, Supporting 1972 Law Enforcement Legislation Taken under submission Resolution #2666, Urging Adoption of Revenue Sharing Adopted Resolution IPWS-781 (Payroll) Adopted Resolution IPWS-782 (B Warrants) Adopted Page 1 of 2 4 5 6 6 7 7 7 7 8 8 8 8 9 9 9 9 10 10 10 10 11 11 11 TABLE OF MINUTE ACTIONS COUNCIL MEETING 3/13/72 SUBJECT: CC #SS-239, Seventh St. - Auth. purchase of corner radius SW corner Seventh & LaReina CC #SS-256, Florence Ave. - Award of contract; transfer of funds CC #SS-259, Third St., et al - Plans & specs & authority to advertise kingswood Village, Z.E. Case #956, 10000 Imperial Hwy. - acceptance of improvements Sidewalk Matching Funds - Consider adoption of revised policy D.I.P. #591, 8561 Alameda St. - Amended Engineer's Report School Closure Analysis and recommendations by City Manager Appointment of Richard D. Patton, Director of Finance Fee Schedule for Building Dept. Permits Changes in Legislation Estimate on installing drop -ceiling in Council Chamber Page 2 of 2 ACTION: PAGE NO Approved 11 Approved 11 Approved 11 Approved 11 Approved 12 Approved 12 No action 13 Approved 13 Report by City Manager 13 Authorize Staff to transmit necessary reply 14 Request by Councilman Jennings 14 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MARCH 13, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 13, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding. PRESENT: Councilmen: Jennings, Morton, Hollis, Winton ABSENT: Councilmen: Ferris ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Carl Newton, Acting City Attorney Ervin Spindel, Director of Public Works William A. Coggin, Director of Planning James D. Ruth, Director of Parks & Recreation Ray Lake, Director of Building & Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Harald J. Henriksen, City Engineer Russ K. Reynolds, Purchasing Agent Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary Reverend Harold L. Adams, First Baptist Church of Downey, delivered the invocation, followed by the Flag Salute led by members of Girl Scout Troop 38. Mayor Winton read a Proclamation honoring the 60th Anniversary since the founding of the Girl Scouts and proclaimed March 12th through 18th, 1972, as Girl Scout Week. Mayor Winton proclaimed March 12th through 19th, 1972, as DeMolay Week in the City of Downey in conjunction with National DeMolay Week. He recognized four DeMolay members in the audience, Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1010 9981 Imperial Highway. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mr. William Coggin, Director of Planning, reported the original request was to establish„ operate and maintain an 108 unit apartment house, however, the plans have been revised to 84 units with parking structure to the rear. He said the first hearing on the 108 units was held on July 7, 1971, at which time the Planning Commission took the matter under submission until two meetings following the adoption of the General Plan by the City Council. Mr. Coggin said on January 19, 1972, the applicant requested that the hearing be re -opened for final determination. He stated on February 2nd the Planning Commission held a continued hearing and the applicant reduced the 108 units to 84 units with parking structures to the rear. Responding to questions by Councilman Jennings, Mr. Coggin explained that the plans included a driveway next to the Woodruff Junior High School. However, since the case was denied, no conditions were entertained as to the necessity for a fence between the drive- way and the school. He reported further on the zoning of the immediate surrounding area. In response to questions by Councilman Morton regarding pro rats costs on the service road and sewer, Mr. Coggin stated it was the interpretation of the City Attorney that the City was not in a position of requiring pro rata costs for the service road. He said, however, the developer would incur costs for sewer connection. Mr. Coggin commented that the reason the Planning Commission did not take any action was that the Commission had submitted a General Plan proposal to the City Council for this __area on Imperial Highway to be zoned for industrial. He said it was felt that if there was a decision made by the Commission to approve of this case, while at the same time pro- posing R-3, they would put the City Council in a dilemma as to how to proceed on this matter, - Discussion followed. Mayor Winton inquired of the City Clerk if he had received any correspondence on the matter, and the City Clerk replied that he had not received any correspondence other than the initial letter requesting the appeal. Council Minutes 3/13/72 -1- z e-), __s Mayor Winton inquired if there was anyone present who wished to speak in favor of the appeal. Mr. Frank Gasdia, 10243 Paramount Blvd., Downey, said he is an attorney representing the applicant. He read into the record the five questions the applicant must answer in requesting a zone exception. Mr. Gasdia said the hearing on the matter was postponed to give the Planning Commission and the City Council an opportunity to go over the proposed new comprehensive Master Plan. He stated further that it became necessary in January of this year to request the Planning Commission to make a -decision due to the fact that the proposed developer, to whom the applicant intended to sell the property, could wait no longer. He said the applicant has had the property up for sale for almost ten years, - and during that period of time has attempted to sell the property for R-4 zoning, which was called for under the Master Plan. Mr. Gasdia stated it was then learned that the Master Plan had proposed industrial zoning for this property, as well as the Woodruff School property. Mr. Gasdia reported on the total cost to purchase the land and construct the apartments, as well as the number of apartment units which, he said, will be rented to both children and adults. He referred to a survey being conducted by North American of people interested in building apartments and whether they would be willing to rent to people who would possibly be going back to work for North American. Referring to the land for industrial use, Mr. Gasdia said the President of the School Board has indicated that Woodruff Junior High School property consists of 23 acres, 13 of which will be utilized for school purposes, leaving 'a -total of 10 acres for industrial use. He said that the applicant's property located on the north side of Imperial Highway would not be easily accessible to industrial traffic. Mr. Gasdia said the parking structure to be constructed on the rear of the property would not interfere with anyone's privacy. Pursuant to Mayor Winton's request, Mr. Ga'`sdia'submitted a copy of the North American survey to the City Council to be included as a part- of these Minutes. Responding to a question by Councilman Hollis, City `;Manager Charles Thompson stated there has been no direct communication received from the School Board regarding their intention to sell the 10 acres of Woodruff Junior High School referred to by Mr. Gasdia, however, he said, there is a deficiency of recreational space within that area. Director of Planning Goggin stated 168 parking spaces'. would have --to be provided for the 84 units. He said, however, that the Planning Department has not reviewed the plans in detail, inasmuch as when the Planning Commission heard the case they were not in favor of any proposal. Mr, Gasdia responded that the parking requirements would be complied with. Mr. Goggin stated further that the reason the Planning. Commission was not in favor of any proposal is that it was felt if the Planning Commission were to make a"decision to this case, it was likely the case would not be appealed and, therefore, the City Council would not have an opportunity to review the matter. Discussion followed regarding -the zoning as proposed in the revised General Plan for this area. Director of Public Works Ervin Spindel answered; questions regarding parking on Imperial Highway, Mr. Jess Frost, 7365 East Florence Avenue, Downey, answered questions of the City Council regarding the required parking for each apartment, as well as guest parking. He said there is no specific proposal at this time regarding the recreational facility for children, and he said by reducing the amount of apartments,more open space has been created. Discussion followed. Mayor Winton inquired if there was anyone else who wished to speak in favor of the appeal, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Mr. Wendell Wiser, 10921 Paramount Blvd., stated he represents the property owners to the east of this property. He said although he is not speaking against the proposed apartment house, he would request clarification on the type of fence to be constructed between the apartments and property to the east, as well as the height. Mr. Wiser stated further that his clients raise fresh dairy cows, and he would not be in favor of some- thing that would put his clients out of business through complaints. He said he and his clients would abide by whatever zoning is recommended by the City Council. Council Minutes 3/13/72 -2- Mayor Winton inquired if there was anyone else who wished to speak in opposition to the appeal, and there was no response. He inquired if there was anyone present who wished to speak in rebuttal to the opposition. Responding to Mr. Wiser's request for clarification on the type of fence, Mr. Gasdia explained that the fences would be in accordance with the requirements of the Planning Department. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1010, 9981 Imperial Highway. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Councilman Jennings requested the matter be held in abeyance until the plans are revised to include adequate off-street parking. Councilman Morton stated he was impressed with the proposed plans for industrial zoning in this area. He referred to the underpass and possible difficulty of ingress and egress by heavy semi trailers. Councilman Morton said if consideration is given to R-4 development, he would like to see proposed conditions by the Planning Department and Planning Commission relative to setbacks, height of walls, and particularly off-street parking. Mayor Winton said during the review of the General Plan and pursuant to the property owner's request, he recommended R-4 zoning for this area. Referring to remarks made re- garding the property being for sale for the past ten years, he stated the length of time could possibly be due to the price factor or because the property was not zoned for what it was to be sold for. Mayor Winton spoke regarding the fact that the property to the south created problems to the district and there was lack of cooperation to clean it, and he stated the property to the north has not been cleaned or improved for sanitation pur- poses. Ile said he feels the length of time referred to was purely a matter of choice of the property owner. Mayor Winton commented on the negotiations for the development of the property to the south and that the developer was willing to go along with the improvement of the City and was willing to design a recreational area far in excess of what any code would require. He said it was a 6.4 million dollar quality development, and the developer put in roads and improvements. Referring to the closing of Woodruff Junior High School, Mayor Winton stated that the portion of property the school anticipates keeping be projected for school use and anything Left over he would project for recreational use. Mayer Winton spoke of the safety hazards if the proposed apartments rented to families with children, inasmuch as the children would be riding their bicycles through the underpass and on the service road. Mayor Winton stated he had indicated that any proposed apartments coming before the City Council in District #1 would be stringently reviewed by him relative to quality and size. He said he is not in accord with lifting the freeze on zone exceptions within his district until the General Plan in completed. It was moved by Mayor Winton to deny Appeal, Zone Exception Case #1010, 9981 Imperial Highway. Mayor Winton stated further that in meeting with the owner and developer, he indicated to them that the developer to the south was willing to go along with the City's request for an adult complex, thus not overcrowding the schools and not overcrowding - recreational facilities. He said he indicated the same request to this developer, that he would go along with a development that would not increase density. Discussion followed regarding the service road, off-street parking, and future development of the area. Mayor Winton declared that the motion to deny died for lack of a second. It was moved by Mayor Winton to refer the matter back to the Planning Commission. Council Minutes 3/13/72 -3- In response to a question by Councilman Jennings, Director of Planning Goggin stated the Planning Commission has never made a stipulation as a condition to approval of a zone exception that an apartment house be for adults only. Acting City, Attorney Carl Newton said he believes that such a condition can be properly imposed in a zone exception case, and if the condition was violated, that would be grounds for revocation of the zone exception case, Mayor Winton pointed out that in the Kingswood Village development, voluntary covenants were deeded and granted to the City. It was suggested by Councilman Morton that the motion be changed to deny the appeal on the basis of what has been presented, with the right and opportunity of the applicant to immediately file a new case with the Planning Commission without the necessary fee, so that further study and analysis can be made. Director of Planning Goggin stated that rather than going through a new 'filing,, new hearing, and new advertising since the indications of the City Council are still within the confines of what was advertised in the first hearing, the City Council could continue this hearing and give the applicant the opportunity to come back with revised plans to the City Council, or the City Council could refer it back to the Planning Commission With instructions that they are to have revised plans submitted to them. Mayor Winton stated revised plans would include off-street parking and definitive recreational area, should the applicant decide to go along with an all adult type of complex. It was stated by Acting City Attorney Carl Newton that if the City Council desires, it could re -open the public hearing in the event it wishes to hear further testimony with regard to revised plans. He said the City Council could refer the matter back to the Planning Commission and direct that a revised plot plan be filed consistent with the guidelines the City Council has outlined and get a report back from the Planning Commission before considering further testimony on the case. Mr. Newton further stated that if the City Council does not wish to hear further testimony it can refer the matter back to the Planning Commission for report, and upon receipt of the report, the City Council can take final action. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to re -open the hearing on Appeal, Zone Exception Case #1010, 9981 Imperial Highway, for the purpose of hearing further testimony. In response to a question by Mayor Winton, Mr. Gasdia said the developer, Mr. Frost, stated that if the case was not decided,at the last Planning Commission hearing so that he could hold his lending and financing down, he would not be able to continue, However, he said, Mr. Frost decided after that hearing to extend the time to this meeting. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to reclose the hearing on Appeal, Zone Exception Case #1010, 9981 Imperial Highway. Mayor Winton declared that the motion to refer the matter back to the Planning Commission died for lack of a second. Discussion followed. It was moved by Councilman Jennings to continue the hearing to the next City Council meeting to provide time for the developer to submit revised plans relative to off-street parking and a more definite recreation area, at which time the City Council will make a final decision. No second. Acting City Attorney Newton mentioned that at the next City Council meeting the City Council could not take final action other than a denial, inasmuch as the Code requires that if the City Council takes an action different than that of the Planning Commission, the matter must be referred back to the Planning Commission before final action can be taken, It was moved by Mayor Winton and seconded by Councilman Morton to refer'Appeal, Zone Exception Case #1010, 9981 Imperial Highway, to the Planning Commission for recommendation, and to allow the developer an opportunity to discuss with the Planning Department and Planning Commission the various facits indicated. Discussion followed. Council Minutes 3/13/72 -4- Roll call vote: AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 622, Sites 1 and 2, East side of Paramount Boulevard North of Leeds Street. He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Morton, seconded by Councilman Hollis, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk replied he had not. Director of Public Works Ervin Spindel reported on the assessments and costs as follows: Site 1 - 12502 Paramount Boulevard Total Cash Assessment Total interest, 10 Year Assessment $ 660.20 252.22 Total amount to be collected over 10 Year Period $ 912.42 Site 2 - 12444 Paramount Boulevard Total Cash Assessment $ 85.37 Total interest, 1 Year Assessment 3.30 Total amount to be collected over 1 Year Period $ 88.67 It was moved by Councilman Morton and so ordered to accept the Engineer's Report. Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to close the hearing on Downey Improvement Project No. 622, Sites 1 and 2, East side of Paramount Boulevard North of Leeds Street. RESOLUTION NO. 2665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 622, EAST SIDE OF PARAMOUNT BOULEVARD NORTH OF LEEDS STREET The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. 2665. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 624, Old River School Road, North of Irwingrove - S. S, Project No. 263. He inquired of the City Clerk if he had the Affidavit of Posting of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Hollis, seconded by Councilman Morton, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk responded he had not. Council Minutes 3/13/72 -5- Director of Public Works Ervin Spindel reported on the construction of curb, gutter, sidewalks, and driveway apron. He said the property owners have agreed to pay cash for the work„ and if they fail to make the necessary deposit, work will proceed in accordance with Chapter 27 provisions. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to accept the Engineer's Report. Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter. Mrs. Cecilia Peterson, 10239 Old River School Road, inquired why the improvements were not necessary at 10309 Old River School Road. Director of Public Works Spindel responded that the owners of the property have already put up the cash deposit and the work will be done. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to close the hearing on Downey Improvement Project No. 624, Old River School Road, North of Irwingrove - S. S. Project No. 263. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote that the Department of Public Works be authorized to proceed with construction of improvements as specified under Downey Improvement Project No. 624, Old River School Road, North of Irwingrove - S. S. Project No. 263. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 625, Old River School Road, North of Dinwiddie, S. S. Project No. 263. He inquired of the City Clerk if he had received the Affidavit of Posting of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Morton, seconded by Councilman Jennings, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk responded he had not. Director of Public Works Ervin Spindel reported on the construction of curbs, gutters, sidewalks, and driveway aprons. He said five out of six property owners have agreed to pay cash for the work prior to construction, and if they fail to make the necessary deposit, work will proceed in accordance with Chapter 27 provisions. It was moved by Councilman Hollis and so ordered to accept the Engineer's Report. Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to close the hearing on Downey Improvement Project No. 625, Old River School Road, North of Dinwiddie - S. S. Project No. 263. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote that the Department of Public Works be authorized to proceed with construc- tion of improvements as specified under Downey Improvement Project No. 625, Old River School Road, North of Dinwiddie - S. S. Project No. 263. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Council Minutes 3/13/72 -6- Mayor Winton declared that this is the time and place for the public hearing on Lot Cleaning Program - 1972 Season. He inquired of the City Clerk if he had the Affida- vit of Mailing, to which the City Clerk responded in the affirmative. It 'was moved by Councilman Jennings and so ordered to receive and file the Affidavit, Mayor Winton inquired of the City Clerk if he had received any written protests, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present who wished to speak in protest to the matter, and there was no response. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to close the hearing on Lot Cleaning Program - 1972 Season. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to deny any protests and that the Department of Public Works be authorized to perform in accordance with the City Ordinance and State Law. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the Minutes of the City Council Meetings of February 14, 1972, February 22, 1972, and Adjourned Meeting of February 28, 1972, AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris The Mayor declared a recess at 9:25 p.m. The Meeting resumed at 9:35 p.m., with Councilmen Jennings, Morton, Hollis, Winton present; Councilman Ferris absent, Communication from Mayor Pro Tem Tom Morton regarding Appointment of Mr. Jim Santangelo to the Citizens' Health and Sanitation Committee. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the appointment of Mr. Jim Santangelo to the Citizens' Health --- and Sanitation Committee, AYES- 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Communication from Public Utilities Commission regarding Application of Douglas Bus , Inc, for Authority to Extend Service Area. For information only, Communication from Public Utilities Commission regarding Proposed Railroad Grade Crossings, No action, Communication from Ervin Spindel, Director of Public Works, reporting on Request for County Highways Through Cities Funds. No action. Communication from Downey Historical Society regarding Cost, Downey Historical Society Annual. For information only. The City Clerk was directed to place the matter on the next City Council Agenda. Communication from General Telephone Co, regarding Application for Increase of Rates and Charges. Councilman Morton stated that there is not sufficient information to make an educated appraisal and it would appear that General Telephone is attempting to pass the total increase of wage and salary cost onto the comsumer, rather .than absorbing some of it as company costs and cutting into their profit element. He said he would request more information, inasmuch as if General Telephone is passing the total cost onto the consumer, it is a high increase, Mayor Winton commented regarding a meeting with Mr. Al Schmidt, Director of General Telephone in the Downey area, relative to the increase request. Council Minutes 3/13/72 -7- Communication from County Board of Supervisors regarding County Assistance, Traffic Signals. Mayor Winton stated the County has indicated it will make $10,000 available to the City for this purpose. No action. Communication from Ray Vara regarding Recording Project, Downey Song. No action. Communication from City of Norwalk regarding Sales Tax Revenue Distribution. It was moved by Mayor Winton, seconded by Councilman Morton, and so ordered to authorize the City Attorney to prepare a resolution in opposition for the next City Council Agenda. Communication from Joyce Snyder regarding Song - The Downey March. There being no objections, the matter was referred to Councilman Ferris. Communications from Downey Unified School District regarding Joint Meeting, Board of Education and City Council. Mayor Winton stated these items will be held for the City Manager's Report. Communication from Gaylord Nelson, U. S. Senator, regarding Earth Week Proclamation, Mayor Winton proclaimed April 17th through 23rd as Earth Week. Communication from William Coggin, Director of Planning, regarding Zone Change Case No. 120, 7204-7242 Stewart & Gray Road. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to set a hearing on Zone Change Case No. 120 for 7:30 p.m., April 10, 1972, in the Council Chamber of the Downey City Hall. Communication from D & H Construction Co. regarding Tract #30909. Councilman Jennings requested that this matter be held jointly with the tract map portion coming up under Resolutions. Communication from William Coggin, Director of Planning, regarding Time Extension on Use of Property, 8554 Everest Street. Mr. Coggin reported that a violation was filed by a neighbor, and -in investigating the matter it was found that the property was a non -conforming use that had expired. He said the applicant wrote a letter to the Planning Commission requesting an extension of the none -conforming use, and after a hearing on the matter the Planning Commission approved the extension of time. Mayor Winton requested the policy regarding non -conforming uses be modified, whereby the Councilman for the district would be notified each time there is a request for a non- conforming use. He stated further that the people who live in an area that may be affected by a non -conforming use should be notified prior to the extension. Mr. Coggin spoke regarding the letters received in favor and in opposition to the time extension of the non- conforming use. In response to Mayor Winton's inquiry regarding the procedure on this matter, Acting City Attorney Newton said that no public hearing is provided for under the code; that an opportunity can be given for a statement of the appeal, if the Council so desires. Mr. Newton stated the City Council can receive any testimony that it thinks may assist in determining the appeal. He said the City Council has referred the matter back to the Planning Commission for recommendation, the recommendation has been made, and the matter can be further considered or acted upon by the City Council. Mayor Winton inquired if there was anyone present who wished to speak in favor of the extension of time for a non -conforming use on property located at 8554 Everest Street, Mr. Dale Lostetter, 8548 Everest, and Mr. Leroy Stevens, 8544 Everest, spoke in favor of the extension of time. Mr. Paul Palmer, 8554 Everest, the applicant, said he raises Rhode Island Red Bantums for show purposes, which he enjoys as a hobby. He said with the size of his property, it is useless to him unless he can pursue his hobby. Referring to a letter he wrote to the Planning Commission, Mr. Palmer stated he plans to retire in two years and move to a more rural community, and that the Planning Commission granted him a two-year extension. Mayor Winton declared a recess at 10:15 p.m. The Meeting resumed at 10:25 p.m. with Councilmen Jennings, Morton, Hollis, Winton present; Councilman Ferris absent. Mrs. Yolanda Lofstetter, 8548 Everest, and Judy Stevens, 8544 Everest, spoke in favor of the extension of time. Council Minutes 3/13/72 -8- Mayor Winton inquired if there was anyone present who wished to speak in opposition to the extension of time for non- conforming use on property located at 8554 Everest St. Mrs. William Bonnar, 8567 Meadow Road, speaking in opposition said she had to move from the back bedroom to the front bedroom because she was awakened early in the morning because of roosters' crowing. She referred to the fly problems in the summertime. Discussion followed, Director of Planning Goggin said it was the Planning Commission's decision to inspect the property every three months and to assure that the noise and possible fly problems are abated or reduced, and that the people speaking in opposition be contacted as to their opinion of the progress being made by Mr, Palmer. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to accept the decision of the Planning Commission and to approve the two-year extension of time for a non -conforming use on property at 8554 Everest Street. AYES: 3 Councilmen: Jennings, Morton, Hollis NOES:, 1 Councilmen: Winton ABSENT: 1 Councilmen: Ferris Clarifying his "no" vote, Mayor Winton said although he did agree with Mr. Palmer regarding the hobby he initiated some years back, he does believe the abatement period is significant and the code should be complied with. Communication from the City of Santa Fe Springs regarding San Gabriel River Use by Citizens. Mr, James Ruth, Director of Parks b Recreation, stated he has attended a meeting with the Cities of Norwalk, Bellflower, and Santa Fe Springs, He said, however, there are problems within the City of Downey related to this project, particularly around the Florence Avenue area, due to children shooting at windows of the residences, and these problems should be discussed. LEGAL CLAIMS RECEIVED Ref. #048, Mrs, Michael Oreb, 12103 Patton Rd., Downey 90242 LEGAL CLAIMS (for Council action) Ref, #047, Doris L. Baldwin, c/o Jamison and Noble, Attorneys, 100 Wilshire Blvd „ Suite 710, Santa Monica 90401 It was moved by Councilman Hollis, seconded by Councilman Morton, and so ordered to deny the legal claim of Doris L. Baldwin. Communication from California Outdoor Recreational League enclosing petition contain- ing 152 signatures and addresses of Downey residents in support of repeal of Downey Municipal Code Section 8904-f (Building and Property Rehabilitation), and it was requested that the names on the petition not be devulged, Acting City Attorney Newton advised that if the petition is filed as a petition before the City Council, it does become a matter of public record and the names and addresses cannot be withheld if anyone should request information contained in the petition or seek to review the petition, It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to receive and file the communication. Communication from Robert L. Shand, City Clerk, indicating that the Honeywell Contract with the Revised Addendum C has been executed by Honeywell Systems, Inc. No action, Director of Public Works Ervin Spindel reported on Tract No. 30909, Rio Hondo Drive, which he said was approved by the City Council on February 24, 1970, however, the developer did not have the tract map recorded within the one year time limit and will now necessitate City Council action and adoption of a resolution. Mr. Spindel stated the developer has provided the necessary Faithful Performance Bond. Council Minutes 3/13/72 -9- Responding to Councilman Morton's question regarding the green area, Mr. James Ruth, Director of Parks d Recreation, said the acquisition of this property would enable them to widen the golf course green and would create minimal additional maintenance. Discussion followed regarding the width of the street. It was moved by Councilman Jennings and so ordered to hold the matter in abeyance until such time as a street width is placed on the tract map. Resolution relating to the Opening of the San Gabriel River Channel for Walkways, etc„ for use of Citizens, was taken under submission. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING THE CSI REAPPORTIONMENT PLAN Mayor Winton stated the CSI Reapportionment Plan is based on an Assembly District population of 24,600. He said the City of Downey would be entirely included in one district and wherever possible a district would not reach into more than one County. It was moved by Mayor Winton to adopt the Resolution. Motion died for lack of a second. Mayor Winton stated he and Councilman Hollis had been assigned by the City Council as a committee to work on a reapportionment plan that would be equitable to the City of Downey, and after research on the matter, this plan was felt to be the most logical and favorable plan. He said it is his concensus that thought be given to this plan and to this resolution in the near future. Councilman Morton stated the City Council has gone on record as supporting the idea and philosophy of the City of Downey being included totally in one District, and that he had requested that the matter be taken under study, inasmuch as it was not clear in looking at the map exactly where the east boundary would be. He said there was an indication of study on a revised plan that would either eliminate all of the City of Commerce or a portion of it and extend the area to the City of Norwalk. Councilman Morton stated that no further information has been received and he would request that decision be held on this matter. - Mayor Winton said he would submit this for Council consideration and further research, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SUPPORTING 1972 LAW ENFORCEMENT LEGISLATION The Resolution was read by title only. Councilman Jennings stated that electronic surveillance is wire tapping, and he would never knowingly condone wire tapping under any circumstances. Acting City Attorney Newton mentioned that the proposal regarding Jury Reform is out of date in view of the recent Supreme Court case outlawing the death penalty, and there is an exception for capital cases in California which is subject to further review, It was moved by Mayor Winton to adopt the Resolution. Motion died for lack of a second, Councilman Morton said he would be amenable to the resolution if items 1 and 3 were deleted. The resolution was taken under submission. RESOLUTION NO. 2666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING ADOPTION OF REVENUE SHARING The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. Council Minutes 3/13/72 -10- It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2666. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen,: Ferris RESOLUTION NO. WS-781 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. 47703 - 48205, $207.789.87 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-781. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris RESOLUTION NO. WS-782 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. 18148 - 18474, $174,567.42) The Resolution was read by title only. It was moved by Councilman Hollis, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-782. AYES; 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Councilman Morton stated he had a question regarding one of the items, which he would bring up at a later time. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to authorize purchase of corner radius at the southwest corner of Seventh Street and LaReina Avenue on Cash Contract #SS-239,.Seventh Street. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to award Cash Contract #SS-256, Florence Avenue, to Donn 0. Michaels, the lowest and best bidder, and authorize the following transfer of funds: Amount From To $5,000 A/C #26 16121 A/C #26 16115 AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-259 Third Street et al. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: i Councilmen: Ferris Council Minutes 3/13/72 -11- 41 r It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to accept the improvements completed on Kingswood Village, Zone Exception Case #956, 10000 Imperial Highway, and the responsibility for maintenance thereof. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Mayor Winton, seconded by Councilman Morton, and passed by the following vote to consider the adoption of the revised policy of Sidewalk Matching Funds eliminating commercial and industrial areas from eligibility. AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris It was moved by Councilman Hollis, seconded by Councilman Morton, and passed by the following vote to approve an amended Engineer's Report on Downey Improvement Project No. 591, 8561 Alameda Street, AYES: 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris CITY MANAGER'S REPORT City Manager Charles W. Thompson reported on the recommendation by the School District to close five Downey Schools. The School Closure Analysis and recommendations are as follows: UNSWORTH ELEMENTARY SCHOOL: That the grounds and cafeteria be retained for neighborhood purposes. That an additional pedestrian access across the Santa Ana Freeway at the Gallatin' Road and True Avenue area be considered to improve not only pedestrian access but reduce long-range bussing expenses, and it is recommended that the School District work jointly with the State Highway Department on this project. That consideration be given to the zoning of all City, school, and other publicly owned land as "public land", That City Council authorization be given to make a detailed joint study with the schools and that consideration be given to the schools contracting with the City to perform all recreation in Downey and to determine if actual savings can be gained. As an alternative, the public would be best served if the school will continue to maintain the grounds and the City were to conduct the recreation program at Unsworth, ROGER CASIER ELEMENTARY SCHOOL: That the property be retained for community use in the neighborhood. That there may be a future need for a traffic signal or crossing guard at Tweedy and Suva. That the City-wide pedestrian safety study, or safe routes to school program, be structured to meet new school configuration. WOODRUFF JUNIOR HIGH SCHOOL: That an alternate location be developed for recreation in this area, should it be the school's determination to sell the property, inasmuch as this area is used extensively for the Girls° and Adults' programs. PACE ELEMENTARY SCHOOL: No recommendation, inasmuch as the school is outside the corporate limits of the City. Any recommendation should come from the City of Bellflower. Council Minutes 3/13/72 -12- DOWNEY ELEMENTARY SCHOOL: That the property be retained in its entirety for public use, which would include necessary parking facilities, library usess;as well as other public uses. A thorough long-range planning analysis undertaken to determine potential uses, together with sound recommendations to accomplish development and its financing. That the City consider making arrangements to look into the available surplus buildings at the earliest possible date and the desirability of relocation of the Park and Recreation Administrative offices. Mayor Winton reported on a letter received from Mrs. Betty Kilpatrick, President of the Downey Unified School Board, requesting a meeting between the School Board and the City Council and further requesting the City Council to submit dates for the meeting. Councilman .Jennings stated his desire to review the agenda before setting a meeting date and said he would not be amenable to meeting in the Board Room of the Downey Unified School District, Councilman Morton concurred with the comments of Councilman Jennings, He said that at the request of citizens in his District and District #3, he and Councilman Ferris held a meeting on March 6th in connection with the closing of the Unsworth Elementary School, a verbatim transcript of which is now being prepared. Councilman Morton stated that a ,opy of the transcript will be forwarded to the School Board for their review and analysis, and that he will not be ready to meet with the School Board until the transcript has been finalized and sent to the School Board. At the request of Councilman Morton, it was so ordered that the Verbatim Transcript of the informal meeting of March 6, 1972 on the closing of the Unsworth Elementary School be kept on file in the office of the City Clerk. Councilman Morton stated further that a report in the Local newspapers indicated the possibility of an ensuing law suit in connection with the closing of the Unsworth Elementary School. He said the people in that area need to have an opportunity to review any analysis that may be submitted back by the School Board. He said he is in 'accord with the rights of the citizens in that area to express themselves, and it is hoped that the School Board will analyze their remarks and report back to him as well as the citizens. Discussion followed regarding the preparation of an agenda for the meeting. Mayor Winton said if there are no objections he will communicate with Dr. Gallegos, President of the School Board, as to the City'CouncilPs approval that the City Manager will meet with members of their Staff in an attempt to set up agenda items for City Council perusal, He said details will be worked out on a meeting place. City Manager Thompson requested City Council to confirm the Appointment of Richard D, Patton to the position of Director of Finance, effective either March 27 or April 3, and that the salary position be established at $18,804. per year. Mr. Thompson stated that in accordance with Council policy, this should include also the fact that Mr. Patton should conform to this policy with respect to City residence within a reasonable time, which would be indicated as approximately eight or nine months time. It was moved by Councilman Hollis, seconded by Councilman Jennings, and passed by the following vote to approve the appointment of Richard D. Patton to the position of Director of Finance. AYES; 4 Councilmen: Jennings, Morton, Hollis, Winton NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Ferris City Manager Thompson reported on the Fee Schedule for Building Department Permits, which has not been implemented pending final determination due to the Presidential Freeze on prices and wages. He said the National League of Cities has indicated that the freeze no longer applies to Municipal fees, and that it is the City"s intent to obtain a written statement from the appropriate Federal agency to that effect. City Manager Thompson reported on Changes in Legislation pertaining to Federal Senate Bill 2515, Equal Employment Opportunity Commission Amendment, which extends jurisdiction over cities, including State and local employees, and he urged City Council opposition to this particular piece of legislation. He also requested City Council Council Minutes 3/13/72 -13- opposition to Employer Relations Act HR-7684 and HR-12532 which pertain to Federal -State relationships, Mr. Thompson recommended City Council support for SB-3215, Municipal Capital Market Expansion Act, providing for Federal relations with municipalities on bond issues; It was moved by Mayor Winton, seconded by Councilman Hollis, and so ordered to authorize Staff to write the necessary letters expressing City Council''s feeling on the issues as contained in the City Manager's Report. ORAL COMMUNICATIONS Mr. Gerald Hassman, 8123 Brookgreen, Downey, representing the North Downey Residents Committee, spoke on the Unsworth School closing issue and the attitude of the District School Board. After being cautioned by the Mayor regarding the expressing of opinions to one political body about another agency elected by the people, Mr. Hassman indicated that the North Downey Residents Committee is in the process of referring the matter to the Courts, He offered to present to the City Council and the City Attorney the material gathered by the Committee regarding the hearings conducted by the Downey Unified School District Board. Acting City Attorney Newton said it would be necessary for the material to be reviewed by the City Attorney along with the City Manager to determine if the data is appropriate matter for City action and then to so advise the City Council. Mayor Winton then directed Mr. Hassman to dispatch the material directly to the City Attorney, and Mr. Hassman said he would be happy to do so. Councilman Jennings requested an estimate be rendered by the Director of Public Works for installing a drop -ceiling in the City Council Chamber to improve the acoustics and lighting,, Mayor Winton addressed the City Council on the status of events taking place in District #1 in relation to the Century Freeway, He said homes in the freeway path that have been purchased by the State are not being maintained in accordance with the City codes as agreed, and to date no Master Tenancy program has been presented to the City by the State. He stated vacated homes are not being boarded up and there is evidence of vandalism, as well as people removing improvements from the vacated premises, and the State.is not maintaining the vacated lots in a clean, sanitary and neat manner. Mayor Winton presented photographs of the situation to the City Council, and these photographs constitute a part of these Minutes. One picture contained a building in storage on blocks that was placed on the property by a contractor not Licensed to conduct business in the City of Downey. Mayor Winton said that the State is in great violation of the contract between the City and the State, and he is submitting this information to the City Council, inasmuch as if he sees one more State violation of the Freeway contract occur in his district, he will request the City Council to have the City Attorney draft a Court inunction to negate the entire contract and stop the 105 Freeway. Councilman Morton spoke regarding a memo he submitted to the Director of Public Works regarding the points cited in Mayor Winton's above statements, and he urged that the Mayor's remarks be carefully reviewed. The Mayor declared a recess at 12:00 midnight to discuss a personnel matter. The Meeting resumed at 12:09 with Councilmen Jennings, Morton, Hollis Winton present; Councilman Ferris absent. There being no further business to come before the City Council, the Meeting was adjourned at 12:10 a.m. ROSERT"`-L, BRAND, CITY CLERK DONALD H. WINTON, MAYOR Council :Minutes 3/13/72 -14-