Loading...
HomeMy WebLinkAboutMinutes-04-10-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 10, 1972 T A B L E O F M I N U T E A C T I O N S SUBJECT: Apartment House Survey Appeal, Zone Exception Case #1034, 11002 Woodruff Ave. Appeal, Zone Exception Case #1000, Southwest Corner 605 Freeway & Studebaker Rd. Off -ramp D.I.P. #627, 7701 Yankey St, - Authorize Dept. Public Works to proceed D.I.P. #626, E/s Gurley Ave, between Cole St. & Boyne Ave. - Authorize Dept. Public Works to proceed Appeal, Zone Exception Case #1045, NE corner Florence & Haledon Ordinance Amending Zoning Map of DMC (Planning Resol. #132, Zone Chg. Case #120) Minutes,. March 13, 1972 Comm. from All American Home Cntr. requesting Approval to Erect Tent on Parking Lot Comm. from Planning Comm. re Zone Exception Case #1010 - Request for 90 Extension Legal Claims Received: #051, Jewell Selby #052, Francis Gleason Legal Claims (For Council action): #048, Mrs. Michael Oreb Resolution #2672, Apprvg. City -State Agmt. #2649 for Inst1 of Mast Arm Street Name Signs at Signalized Intersectns, along Lakewood Blvd. Resolution #2673, Adopting Plans & Specs for Const, of Downey Proj. #9005, Lines A & B, 1970 Storm Drain Bond Issue Resolution #2674, Ordering Canvass of General Municipal Election by City Clerk. Resolution #2675, Opposing Diversion of Gasoline Sales Tax Resolution #WS-786 (Payroll) Resolution #WS-787 (B Warrants) CC #SS-259, Third St., et al - Award of contract Report on Citywide Pedestrian Safety Program Contract for City's Legal Advertising Codification of City Ordinances - Supplemental Appropriation Rec, Vehicle Model Ordinances & Resol, for study Page 1 of 1 ACTION: PAGE NO. Committee appointment 2 & 3 Continued to 5/8/72 3 & 5 Approved subject to conditions imposed foll, report & recommendation by Plan. Comm. 3 & 8 Approved 4 Approved 4 Continued to 5/8/72 4 Introduced 5 Approved 5 Approved 6 Approved 6 No action 6 Denied 6 Adopted 6 Adopted 7 Adopted 7 Adopted 7 Adopted 7 Adopted 8 Approved 8 No action 8 Approved 9 Approved 9 No action 10 & 11 n MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 10, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., April 10, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding. PRESENT: Councilmen: Jennings, Morton, Hollis, Ferris, Winton ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works William A. Coggin, Director of Planning Richard D. Patton, Director of Finance James D. Ruth, Director of Parks d Recreation Ray Lake, Director of Building d Safety Loren D. Morgan, Police Chief Don Warren, Deputy Fire Chief Harald J. Henriksen, City Engineer Russ K. Reynolds, Purchasing Agent Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The invocation was delivered by Rabbi Martin B. Ryback, Temple Ner-Tamid, followed by the Flag Salute led by Councilman Ferris. Councilman Ferris introduced two members of the Warren High School Key Club and presented them with a Commendation of Appreciation for their recent Key Club project of planting 20,000 individual pine trees in the burned out area of the San Bernardino mountains, as well as 52,500,000 pine tree seeds. He said the Key Club received assist- ance from other high schools, the Boy Scouts, and support from the Downey Kiwanis Service Club. Communication from Mr. Maurice McAlister requesting permission to speak to the City Council regarding results of an Apartment House Survey. It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to grant permission to speak to Mr. McAlister. Mr. Maurice McAlister, 9205 Dinsdale, Downey, stated the newly formed Citizens Committee to Stop Apartments has conducted a survey on the subject of apartments. He said a questionnaire was mailed to primarily 7,000 homeowners in the City, and the results of the survey are as follows: Of those responding, 95.3 percent were opposed to anymore apartments being built in Downey; 4.1 percent were in favor of more apartments; .6 percent stated no opinion. He said the survey indicates that the citizens are unhappy with the present City policy on apartment house development. Mr. McAlister requested that the City Council appoint a committee for the purpose of making a comprehensive study on apartment houses and that the committee consist of not less than 50 percent of home- owners who do not own apartments. He submitted a list of items for recommendation by the committee. Mr. McAlister further requested the City Council to declare a moratorium on apartment house zoning and zone exceptions, including cases now pending before the City Council and the Planning Commission. Mayor Winton called for questions from the City Council. The City Council did not have any questions. Responding to a question by Mayor Winton regarding the legal status of declaring a moratorium on cases pending before the City Council and Planning Commission, City Attorney Sorensen stated an application for a zone exception can be handled by the City Council by taking the matter under submission or denying the application without prejudice, and in that way the City Council would not need to adopt an ordinance declaring a moratorium. He said the question of declaring a moratorium on the con- struction of multiple dwellings within a multiple dwelling zone is a question that has not been decided in this State. Mr. Sorensen referred to a case currently pending in the Courts, and he said until the case is decided an answer cannot be given. Mr. Sorensen commented further that if the City Council desired to declare a moratorium that is a binding moratorium and would require some affirmative action by the City Council at a later date, it would have to be by ordinance. He said a moratorium Council Minutes 4/10/72 -1- would also prohibit issuing building permits in residential if that is what the Council wished to do; if the City Council wanted to declare a moratorium strictly on matters relating to zone exceptions, an ordinance would not need to be adopted and could be done as a matter of policy. Mr. McAlister said a moratorium is recommended only on future apartment house zoning and not to stop permits on presently zoned property. City Attorney Sorensen explained that if the City Council wished to declare a moratorium on changing property from single family or commercial to a multiple dwelling, this could be done by a declaration of policy. He said an ordinance would not have any effect, because there is an ordinance zoning property and it can only be changed by another ordinance. Addressing himself to the subject of apartment development in the City of Downey, Councilman Morton commented that this matter has long been discussed by the City Council and thoroughly discussed in connection with the original General Plan in which there were a number of public hearings. He said if there is a serious question of density, then the matter would warrant review. Councilman Morton stated, however, that since this is the first time the City Council has had the matter presented to it, he does not feel the City Council should take action on it at this meeting. He said in order to allow citizens to address themselves on this matter to the City Council or Planning Commission, he would recommend that it be placed on the Agenda for the next night meeting. Councilman Morton further recommended that the zone exceptions on the Agenda for this meeting be taken under submission until the survey and report presented has been adequately dis- cussed and allow citizens to speak for or against the issue. Councilman Jennings said he does not really believe a letter from a citizen can stop pending Council actions tonight. He stated he feels the survey is biased, inasmuch as it did not query apartment owners in the City, and he does not believe action should be taken on this matter. Councilman Morton restated that he merely wants the zone exceptions in question to be placed back on the Agenda to allow other citizens to comment. Councilman Ferris spoke regarding the revised General Plan, which revised downward the estimates of population growth and reflected a decrease in multiple dwelling units. He referred to the public hearings held by the City Council. Councilman Ferris stated the City Council was not completely satisfied with the General Plan, and one of the items that caused dissatisfaction was, in fact, the multiple dwelling unit areas as designated, even though they had been reduced from the previous Plan. He said the City Council forwarded its recommendations to the Planning Commission, and the Commission now has the General Plan under study. Councilman Ferris stated his desire to give serious consideration to Mr. McAlister's letter. Councilman Jennings stated the next step in this matter should be to conduct a survey at the City's expense of every property in the City, whether the owner of commer- cial, R-1, R-4, or whatever, and when the results of the survey come in, then appoint a committee to carry out the mandate of the people. Council discussion followed. Mayor Winton commented on the situation of apartments in his district. He said there are many areas, however, where property is zoned R-1 but could not be developed as R-1 for various reasons. He urged appointment of a Council committee to review all of the recommendations with Mr. McAlister and the committee that conducted the survey presented, and that the report of the committee be placed on the Agenda for the City Council Meeting of May 8,, 1972, Mayor Winton commented further that the declaration of a moratorium on pending zone exception cases would be depriving people of their rights to apply to the City Council and the Planning Commission in accordance with the General Plan of the City. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote that the Mayor appoint a committee of two Councilmen to review the survey report and recommendation made by Mr. McAlister and bring back to the City Council at its next night meeting of May 8, 1972, a report and recommendation on the survey, as well as a recommendation on a City-wide survey and how to conduct it. AYES: 4 Councilmen: Morton, Hollis, Ferris, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None Councilman Jennings qualified his "no" vote by stating his desire for a City-wide survey to carry out the mandate of the people. Council Minutes 4/10/72 -2- Mayor Winton appointed Councilman Jennings and Councilman Morton as a committee to study the letter and survey and to bring back a report to the City Council at its meet- ing of May 8, 1972. Councilman Jennings respectfully delined. However, after Council discussion, Councilman Jennings agreed to serve on the committee. Councilman Morton pointed out that the applicants on the zone exceptions should be asked if they desire hearings tonight or have the hearings taken under submission. Mayor Winton inquired if the appellants to the Appeal on Zone Exception Case #1034, 11002 Woodruff Avenue, would indicate their desire to have the case heard and decided at this time or taken under submission to May 89 1972. Mr. J. B. Orme, 9322 Fostoria, one of the appellants, stated he would request a moratorium on this matter pending the Council committee's recommendation. Mayor Winton asked the City Clerk to make a count of those present who are represented by Mr. Orme, and the count was 26. Mr. Ed Stirdivant, 9327 Pellet St., one of the appellants, concurred with the state- ment of Mr. Orme on this matter. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote that Appeal, Zone Exception Case #1034, 11002 Woodruff Avenue, be continued to 7:30 p.m., May 8, 1972, in the Council Chamber of the Downey City Hall. AYES: 4 Councilmen: Morton, Hollis, Ferris, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None Mayor Winton inquired if the appellant to the Appea west corner 605 Freeway and Studebaker Road Off -ram the case heard and decided at this time or taken un on Zone Exception Case #1000, would indicate his desire to :r submission to May 8, 1972. Mr. Dale L. Ingram, consultant, P. 0. Box 229, E1 Monte, the appellant, stated this matter has been pending for many months, and in view of the upcoming election and the possibility of three new members on the City Council, he would prefer to have the matter heard at this meeting. City Attorney Sorensen stated that if the matter were'.heard at a later date, it would be necessary for a newly elected Councilman to read the former Minutes or listen to the tape on Zone Exception Case #1000. Mayor Winton said Appeal, Zone Exception Case #1000, will come up under item G2b on this meeting's Agenda. Mayor Winton declared a recess at 8:35 p.m. The Meeting resumed at 8:55 p.m., with all Councilmen present. Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 627, 7701 Yankey 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 Jennings, 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 replied he had not. Director of Public Works Ervin Spindel reported on the installation of curb, gutter and driveway apron on the north side of Yankey Street west of Horley Avenue. He requested authority to proceed with construction. It was moved by Councilman Jennings, seconded 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 so ordered to close the hearing on Downey Improvement Project No. 627, 7701 Yankey Street. Council Minutes 4/10/72 -3- It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote that authority be granted to the Department of Public Works to proceed with the required construction under the provisions of Chapter 27 on Downey Improvement Project No. 627, 7701 Yankey Street. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 626, East Side of Gurley Avenue 'between Cole Street and Boyne Avenue. 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 Jennings, 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 construction of sidewalks at two locations on the southeast corner of Cole and Gurley Avenue. He said the work at Site 2 has been completed under the Matching Fund Program and the funds are on deposit for Site 1. He requested authority to proceed. It was moved by Councilman Jennings, seconded 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 Hollis, and so ordered to close the hearing on Downey Improvement Project No. 626, East Side of Gurley Avenue between Cole Street and Boyne Avenue. It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote that authority be granted to the Department of Public Works to proceed with the required construction under the provisions of Chapter 27 on Downey Improvement Project No. 626, East Side of Gurley Avenue between Cole Street and Boyne Avenue. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1045, Northeast corner of Florence and Haledon Avenue. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #1045, to 7:30 p.m., May 8, 1972, in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Zone Change Case No. 120, Planning Resolution No. 132. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City .Clerk responded in the affirmative, Mr. William Goggin, Director of Planning, reported that Zone Change Case No. 120 concerns property between 7204 and 7242 Stewart and Gray Road. He said the property is presently zoned R-1-5000, and the request is to change the zoning to R-2, with a depth of 135 feet, Mayor Winton inquired of the City Clerk if he had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present who wished to speak in favor of this matter, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. Council Minutes 4/10/72 -4- It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote to close the hearing on Zone Change Case No. 120, Planning Resolution No, 132. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9107 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 132 - ZONE CHANGE CASE NO. 120) The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Ferris, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Appeal, :Zone Exception Case #1034, 11002 Woodruff Avenue, which was continued from the regular meeting of the City Council held February 14, 1972. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to continue the hearing on Appeal, Zone Exception Case #1034, to 7:30 p.m., May 8, 1972, in the Council Chamber of the Downey City Hall. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Jennings, seconded by Councilman Ferris, and passed by the following vote to approve the Minutes of the City Council Meeting of March 13, 1972. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from State of California Department of Public Works regarding Cit 's Share of Federal TOPICS Funds. Mr. Ervin Spindel, Director of Public Works, explained that the City's allocation for the current fiscal year and next fiscal year will require that the City Council submit a resolution of intent to obligate the apportionments, and he said a resolution will be presented to the City Council prior to the deadline. Mr. Spindel spoke further regarding the new law in which the State Highway Commission can allocate money to substitute TOPICS money that can be used for select system streets. Council discussion ensued. No action. Communication from Public Utilities Commission`regarding General Telephone Company application to Increase Certain. Rates. No action. Communication from Mrs. Betty Rupp, member of Beautification Committee, regarding Sidewalks and Trees, Downey Cemetery. No action. Communication from All American Home Center requesting Approval to Erect Tent on Parking Lot. After discussion on the matter, it was moved by Councilman Jennings to approve the request, and in the future if conditions do not change, that it will not be necessary for the All American Home Center to come before the City Council annually for approval; that it should be done by permit. Deputy Fire Chief Don Warren stated Section 8231 of the Downey Municipal Code requires that the City Council approve any tent used for public assemblage for a specific Council Minutes 4/10/72 -5- purpose on a specific date. He said inasmuch as the tent will be located in a "P" zone, the applicant will have to apply to the Planning Commission for a zone exception. Councilman Jennings withdrew his motion. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the request of All American Home Center to erect tent on parking lot. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None - ABSENT: 0 Councilmen: None Communication from the Planning Commission regarding Zone Exception Case #1010, Request for Extension. It was moved by Mayor Winton, seconded by Councilman Morton, and passed by the follow- ing vote to grant a 90-day extension on Zone Exception Case #1010, and that the Planning Commission's memo be accepted as the report required by Section 9132.16 of the Downey Municipal Code. AYES: 5 Councilmen: .Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from County Board of Supervisors regarding Funds for Paramount Boulevard Improvements. No action. LEGAL CLAIMS RECEIVED Ref. #051, Jewell Selby, 11717 Old River School Rd., Downey Ref, #052, Francis Gleason, 7236 Benares, Downey LEGAL CLAIMS (For Council Action) Ref. #048, Mrs. Michael Oreb, 12103 Patton Road, Downey It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by '... the following vote to deny the legal claim of Mrs. Michael Oreb. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT. 0 Councilmen: None RESOLUTION NO, 2672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CITY-STATE PARTICIPATION AGREEMENT NO. 2649 FOR THE INSTALLATION OF MAST ARM STREET NAME SIGNS AT SIGNALIZED INTERSECTIONS ALONG LAKEWOOD BOULEVARD, AND RESCIND RESOLUTION NO. 2536 Director of Public Works Ervin Spindel reported that the Agreement on Overhead Street Name Signs on Lakewood Boulevard was approved by the City Council on May 25, 1971, with the provision that the City use TOPICS funds for its share of the cost. The revised agreement states that $3706 would come out of the TOPICS allocation, and $1500 funded out of Gas Tax Funds. He said the State would be providing approximately 40 signs along Lakewood Boulevard and the City would be paying for ten. Council discussion followed. It was moved by Councilman Jennings, seconded by Councilman Ferris, and so ordered to approve the Revised City -State Participation Agreement No. 2649, 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. 2672. Council Minutes 4/10/72 -6- AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A PROFILE, AND IMPROVEMENT PLANS AND SPECIFICA- TIONS FOR THE CONSTRUCTION OF DOWNEY PROJECT NO. 9005, LINES A AND B, 1970 STORM DRAIN BOND ISSUE IN THE CITIES CF DOWNEY AND PARAMOUNT, CALIFORNIA, AND AUTHORIZING THE -' USE OF CITY STREETS FOR CONSTRUCTION AND MAINTENANCE Director of Public Works Ervin Spindel reported on the streets in which the storm drain will be installed. He responded to questions of the City Council. The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, 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. 2673. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 11TH DAY OF APRIL, 1972, TO BE MADE BY THE CITY CLERK OF THE CITY OF DOWNEY 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. 2674. AGES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING DIVERSION OF GASOLINE SALES TAX FUNDS The Resolution was read by title only. It was moved by Councilman Ferris, seconded by Councilman Hollis, and so ordered to waive further reading. It was moved by Councilman Ferris, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No. 2675. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-786 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. 48857 - 49358, $209,627.26 -- 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-786. Council Minutes 4/10/72 -7- AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-787 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. 18534 - 18757, $254,385.52) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Hollis, and so ordered to waive further reading. -- It was moved by Councilman Jennings, seconded by Councilman Hollis, and passed by the following vote to adopt Resolution No, WS-787. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Ferris, seconded by Councilman .Jennings, and passed by the following vote to award Cash Contract #SS-259 Third Street, et al, in the amount of the unit prices bid, to Donn 0. Michaels, the lowest and best bidder, and to reject all other bids. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Report on Citywide Pedestrian Safety Program, submitted by the Director of Public Works. No action. Appeal, Zone Exception Case #1000, Southwest corner 605 Freeway and Studebaker Road Off -ramp. Planning Director William A. Goggin reported that the request is for a service station adjacent to the 605 Freeway Off -ramp, a commercial building, and an apartment house, fie said the matter was denied by the Planning Commission and appealed to the City Council, and the City Council took the matter under submission and referred it back to the Planning Commission for its recommendations on a planned development, which the Planning Commission is presently studying. Councilman Morton commented that similar developments were proposed for the property andcreated a great deal of citizen opposition. He said, however, this applicant has attempted to present a design that would be based on the concept of a planned development consisting of step-down zoning beginning with commercial, an apartment development, and a parking zone as a buffer to protect the residential area to the south. Councilman Morton stated several people voiced opposition to the gas station, inasmuch as there are six others in the area, and one person voiced opposition to the gas station because the lights would be left on all night. He said with the 605 Freeway Off -ramp contiguous to the property, it would be difficult to develop as residential under the present R-1 zone. Councilman Mortor. commented further that if the appeal is approved and referred to the Planning Commission for report and recommendation, certain conditions should be imposed whereby there must be a reasonable cut-off time for the lights on the gas station, and if at any time the gas station is not utilized or is vacant for a period of not to exceed three months, then that portion of the approval pertaining to the gas station will be withdrawn., the corner will not be permitted to be used further for a gas station, and the applicant will be obligated to remove the structure. He said a further condition should be imposed that ingress and egress to the gas station be from Studebaker Road. '.. It was moved by Councilman Morton, seconded by Councilman Ferris, and passed by the following vote to approve Appeal, Zone Exception Case #1000, Southwest corner 605 Freeway and Studebaker Road Off -ramp, subject to conditions to be imposed by the City Council following report and recommendation by the Planning Commission. City Attorney Sorensen explained upon receiving a report from the Planning Commission, it will take an affirmative vote of three members of the City Council, subject to whatever conditions the City Council wishes to impose. He said if there are three new members elected to the City Council, then one of the new members will have to read the transcript and familiarize himself with what has transpired before he can vote on the matter. Council Minutes 4/10/72 -8- AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Responding to a question by Councilman Ferris regarding the Contract for City's Legal Advertising, Purchasing Agent Russ Reynolds stated he had contacted other Cities last year for comparison, and Downey was the lowest of all the Cities contacted. It was moved by Councilman Morton, seconded by Councilman Hollis, and passed by the following vote to approve the Contract for City's Legal Advertising with Southeast News for the period of May 1, 1972 through October 30, 1973. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Mayor declared a recess at 10:02 p.m. The Meeting resumed at 10:17 p.m., with all Councilmen present, CITY MANAGER'S REPORT City Manager Charles W. Thompson reported that at the budget hearing last year it was concluded that the Codification of City Ordinances would proceed this year, and at such time as invoices were received, they would be presented to the City Council for approval. He said to date an invoice has been received from the California Code Service in the amount of $1837.50 for the codification of City ordinances. Mr. Thompson recommended a supplemental appropriation of $1500 from the Fund Balance to Account 414.103050, Printing and Binding. It was moved by Councilman Ferris, seconded by Councilman Jennings, and passed by the following vote to approve the Codification of City Ordinances in the amount stated and the supplemental appropriation as recommended. AYES: 5 Councilmen: Jennings, Morton, Hollis, Ferris, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Thompson welcomed Mr. Richard Patton, Director of Finance. ORAL COMPNNICATIONS Councilman Jennings extended his appreciation to a Police Department employee who graciously consented to take the time to photograph the 15 teams at the Quill Street Little League Park. Councilman Morton expressed his appreciation to Councilman Hollis, Councilman Ferris and Mayor Winton for having served with them on the City Council for the past four years. Councilman Morton stated that the citizens of District 3 can be proud of the time, effort and dedication of retiring Councilman Joseph Ferris. He extended best wishes to Councilman Hollis and Mayor Winton in the upcoming election and commended them for their dedication as City Councilmen to the City of Downey. Councilman Hollis extended his appreciation to the City Council for their confidence in him, and he commended the department heads for the help they have given him and the City employees for the fine work they are doing for the City. Councilman Ferris spoke regarding his past four years on the City Council and some of the accomplishments of the City Council. He expressed his gratitude to each City Councilman, and he cited that the next four years of Council activities will include problems similar to those of the past four years. He commended each City Councilman, City Manager, and Staff for their service to the City. Mayor Winton commented on the contributions Councilman Ferris has made to the City of Downey. Mayor Winton stated that a report has been brought back by the Sub -committee appointed to meet with the citizens committee regarding a section of the Building and Rehabilitation Code pertaining to storage of Recreational Vehicles, and he is not recommending any action on the report back from the Council Committee, other than an overview and review of the recommendation. Mayor Winton commented that an ordinance relating to the storage of recreational vehicles was first passed after a public hearing Council Minutes 4/10/72 -9- in 1969, and between 1969 and 1971 it was again discussed in the theatre after 1,000 invitations were sent out to the local businesses by the Chamber of Commerce and by City Staff; the ordinance was again introduced in July 1971 as a portion of the Uniform Building Code and was passed in September 1971, to become effective in October, 1971. He said the code was open for public input for a period of five months and it was published in the required legal manner. Mayor Winton said it drew editorial comments in a local newspaper. He stated only one person contacted him to offer objections, and less than one -tenth of one percent of Downey citizens communicated with the City Council in any way during the five months of hearings concerning any portion of these ordinances. Mayor Winton commented that he has resorted to the system of "Meet and Confer" in an effort to hear questions on the Recreational Vehicle matter. He suggested that the City Council carry on discussion and an overview of the committee recommendations only during tonight®s meeting. Mayor Winton commented that there were obvious changes needed in the Building Ordinances to carry out what the people wanted. He said the zoning ordinances prohibited any type of parking or storage of any type of vehicle or of any materials in the front and side yard setback, and there are ordinances dealing with this. Mayor Winton stated there are various additional deletions and amendments to the zoning code and general building regulations, and they would accomplish the following if accepted by the City Council: 1. Amendment to the Zoning Code: a. To allow the parking of a licensed operable self-propelled vehicle in driveways where such would not create a safety problem or block the required access to parking facilities. b. To provide for the use of one required parking space for campers, boats, and trailers in R-1 and R-2 zones. c. To prohibit the parking or storage of any vehicle or material in any required yard area except by permit. d. To provide for an appeal to the City Council on all matters where a permit is required. e. To provide that all modifications made by these ordinances amending the zoning code to apply only to R-1 and R-2 zones. 2. Amend the Rehabilitation Substandards Building Code: a. Repeal Section 8904(f) which defines various recreational vehicles that were unreasonably stored in yard areas. b. Provides definitions of the storage of vehicles. 3. Amends the General Regulations of the Building Code: a, Establishes one Appeals Board to handle all appeals deriving under all sections of the building, plumbing, heating, electrical and substandards building code. 4. Resolution establishes the guidelines for the granting of permits as provided in the new amendments of the Zoning Code. Such guidelines cover such matters of the degree of encroachment of front side yards, landscaping, suitable surface preparations, prohibition against commercial vehicles for hire, and the blocking of doors and windows according to health, safety and welfare codes. Mayor Winton submitted the following proposed Ordinances and Resolution for City Council consideration and review, but not for action at this time. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9114.8, 9115.8 AND 9127.11 OF, AND ADDING SECTION 9132.20 TO, THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO ZONING Mayor Winton read the Ordinance in its entirety. No action. Council Minutes 4/10/72 -10- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8901, 8903(a), 8904, AND REPEALING SECTIONS 8906 AND 8907 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTIONS RELATE TO REHABILITATION OF BUILDINGS AND PROPERTY Mayor Winton read the Ordinance by title and the following sub -sections: Sub -section (c) - Definitions, Section 8901 General. Sub -section (f) - Section 8904,Substandard Property. No action. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 8106 TO THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO AN APPEALS BOARD Mayor Winton reported this Ordinance deals with the creation of an Appeals Board which would be directly responsible for all of the cases other than the cases that would fall within the purview of the law of zoning and Planning Commission. No action. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING GUIDELINES FOR SECTION 9132.20 OF THE DOWNEY MUNICIPAL CODE Mayor Winton read the Resolution in its entirety. No action. Mayor Winton stated that concludes the sub -committees report, and the sub -committee is hereby dismissed. The following persons spoke regarding the subject of Recreational Vehicles: Mrs. Leslie Moore, 8120 Priscilla Ave. Mr. Don Morrow, 11819 Julius Ave. Mr. Don Hansen, 10215 Dunrobin Ave. Mr. Jay Davis, 11809 Pomering Rd. Mrs. Kris Hinnen, 7823 Farm St. Mr. Robert A. Gonzales, 12816 Dolan Ave. Councilman Jennings invited people in the audience to obtain copies of the proposed Recreational Vehicle Ordinancesstudy from the City Clerk for the purpose of reading and becoming acquainted with the details. Mayor Winton explained all of the points taken into consideration when studying the proposed Recreational Vehicle Ordinances It was moved by Councilman Morton, seconded by Councilman Ferris, and so ordered to adjourn the Meeting to 7:30 p.m., April 18, 1972, in the Council Chamber of the Downey City Hall. ROBERT L. SHAND, CITY CLERK DONALD H. WINTON', MAYOR Council Minutes 4/10/72 -11-