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HomeMy WebLinkAboutMinutes-05-08-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 8, 1972 T A B L E O F M I N U T E A C T T 0 N S SUBJECT: Report of Apartment Survey Committee D.I.P. #628-633, CC #312, Cheyenne Ave. bet. Paramount & Downey - Grant authority to proceed under Chapter 27; plans & spec & authority to advertise Appeal, Z.E. Case #1034, 11002 Woodruff Ave., by 64 residents Appeal, Z.E. Case #1034, 11002 Woodruff Ave., by E. Stirdivant Appeal, Z.E. Case #1045, NE Corner Florence & Haledon Z.E. Case #945, NE Corner Florence & Haledon - Rescind approval & hold in abeyance Minutes: 3/28/72; 4/10/72; 4/18/72; 4/25/72 Comm, from Board of Realtors re Comprehensive General Plan Comm. from So. Calif. Water Co. re Application, Limited Water Rate Increase Comm. from L.P. Leavitt requesting Appeal for Relief from Conditions Comm, from C.S. Rellas, Atty., re Park Water Co. Rate Increase Comm. from Downey Civic Chorus re Quarterly Financial Statements Request for Vehicle Access, 7629 Pivot St. Various Comm, re Resignations from Boards & Commissions Legal Claim of Albert & Dorothy Orr 0049) Ordinance Amending DMC Relating to Licensing of Massage Parlors Ordinance #L19 which relates to Massage Parlors Ordinance Amending DMC Relating to Junk Collection Resolution #2683 Designating Devenir a Thru Street at Intersections with Sandy & Verdura Resolution #WS-790 (Payroll) Resolution IPWS-791 (B Warrants) CC #304, Lakewood Blvd. Island Landscaping - Award of Contract Lakewood Blvd. Resurfacing - Auth. Mayor to sign. Utilities Agmt, Appropriation, Street & Sidewalk Fund Appeal, Z,,E. Case #1000, SW Corner Studebaker & 605 Freeway Off -ramp CC #303, Driving Range at Rio Hondo Golf Course - P1ans; authority to advertise; financing procedure; & appropriation Resolution re Amendment to Public Employees' Retirement: System Contract Appointments of Paul J. Riccobon to Park & Rec. Comm. & Kenneth R. West to Traffic Comm. Report on Master Plan Page 1 of 1 ACTION: PAGE NO. Held for 5/23/72 2 Approved 3 Approved 8 Denied 8 Upheld 11 Failed 12 Approved 12 City Clerk directed to extend invitation 12 Ref. to Water Board 12 Set for 5/23/72 12 Ref. to Water Board 12 Received & filed 12 Approved 13 Accepted with regret 13 Denied 13 Introduced 13 Adopted 13 Introduced 14 Adopted 14 Adopted 14 Adopted 14 Approved 14 Approved 15 Approved 15 Approval re -affirmed 15 Approve Plan. Dept. Report 16 Re -open hearing 6/12/72 16 Approved 16 Deferred 16 Approved 17 No action 17 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 8, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 8, 1972, in the Council Chamber of the Downey City Hall, Mayor Donald H. Winton presiding, PRESENT: Councilmen: Jennings, Morton, DiLoreto, Temple, Winton ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Richard Terzian, Acting City Attorney Ervin Spindel, Director of Public Works Richard D. Patton, Director of Finance William A. Goggin, 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 Robert Gerhart, Immanuel Mennonite Church, delivered the invocation, followed by the Flag Salute led by Councilman Temple. With the assistance of Councilmen Jennings and Morton, Mayor Winton presented a Resolution of Commendation to former Mayor and Councilman, Joseph G. Ferris, for his four years of service to the City of Downey. Mr. Ferris expressed his appreciation to the City Council for the recognition and to the City Manager and each member of his Staff, the City Clerk, and the City Attorney, Mr, Ferris expressed particular thanks to the'"unsung heroes" of City Hall, namely, the people in the community who serve on citizens committees. To Mayor Winton, Councilmen DiLoreto and Temple, Mr. Ferris wished them success and progress during the next four years. He spoke of the pleasure derived in serving with Mayor Winton, Mayor Pro Tem. 'Morton, and Councilman Jennings. Councilman Temple reported that he and Councilman DiLoreto are the appointed members to the Apartment Survey Committee, and after meeting with the citizens group opposed to more apartments in Downey and associates of the building industry, in which 354 survey responses were presented, it is the Committee's considered opinion an overall moratorium on apartment buildings for the next few years would not be appropriate. He said it seemed to be the unanimous consensus of all the interested parties that the Apartment House Codes need to be revised to reflect a realistic situation that today exists, and it is felt that a citizens ad hoc committee could be set up to assist and look into the matter. Councilman Temple said the following factors should be taken into consideration: 1. Population density 2. Minimum square footage 3. Adequate Parking 4. An established maintenance program 5. Height, side yards, set backs and design consideration 6. Traffic flow 7. Environmental factors Councilman Temple stated it would be the ad hoc committee's responsibility to review all existing R-1 property projected for R-3 zoning. He said it is recommended that the committee be comprised of property owners, developers, architects, an attorney, a financial consultant, and as ex-officio members the Planning Director, Building & Safety Director, and Councilmen DiLoreto and Temple, He stated further, to insure that the work and recommendations of this committee are implemented, it is recommended that action on the Master Plan relating to R-3 or apartment development be deferred until after the committee has tendered its final draft, which would be anticipated at the end of a six month periods Councilman Temple explained that with the approval of the City Council, immediate steps will. be taken to implement and staff the members of the ad hoc committee, He said periodic reports will be submitted to the City Council containing information on the committee's progress. Council Minutes 5/8/72 -1- Councilman DiLoreto explained that in order to assimilate the information that had to be taken under consideration, he and Councilman Temple met on three separate occasions with interested parties on both sides of the apartment issue, and it appears to be the unanimous consensus that there needs to be an upgrading of the types of construction in the City of Downey relative to multiple dwellings or apartment houses. He requested that the City Council give serious consideration to the items set up in the Council committee's report and said that with the implementation of the ad hoc committee and a specific time Limit, maybe the net result will be the type of action beneficial to everyone. Councilman Morton spoke of a similar survey approximately seven years ago and said that the City Council came up with the same recommendation as to the type of people to serve on the ad hoc committee and the factors to be considered. He recommended that the committee be comprised of 7 or 9 members and that each Councilman have an opportunity to provide the input to the committee by way of a representative, Responding to questions by Councilman Jennings regarding the total number of responses to the Apartment Survey, Councilman Temple stated that 354 people had mailed in written comments to the survey,and he did not know how many overall returns there were to the survey. With regard to a question on the Apartment Survey, Mayor Winton stated the vacancy factor should be considered in the City relative to apartments, He said there are areas in the City where apartments are going to be constructed because it might not be conducive to R-1 development. Mayor Winton stated further that apartments in his district are suffering high vacancy factors, are less frequently maintained, and some can no longer be classified as medium class quality. He requested the City Council to consider the report presented by the Apartment Survey Committee. Responding to Coun.cilman Jennings' statement that he would still request completion of the Master Plan and the enabling ordinances written within the time previously re- quested, Mayor Winton explained that the Planning Commission is presently reviewing the General Plan while at the same time holding many study sessions as well as hearings on zone exceptions, changes and variances, Council discussion followed. Councilman Morton suggested that any action on the report be held to the next City ..'Council meeting, that no action be taken on Councilman Jennings' request at this meeting, and that consideration be given to the appointment of an ad hoc committee and how the committee should be composed. There being no objections, the report by the Apartment Survey Committee was held for action for the City Council meeting of May 23, 1972. Comm.u:ni.cations from various organizations and individuals concerning Apartment Development in the City of Downey. Ordered filed. Mayor Winton declared that this is the time and place for the public hearing on. Downey Improvement Project Nos. 628 - 633, Cash Contract #312, Cheyenne Avenue between Paramount Boulevard and Downey 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 Morton, and so ordered to receive and file the Affidavits. Mayor Winton inquired of the City Clerk if he had received any written. protests or objections against the improvements, and the City Clerk replied he had not. Director of Public Works Ervin Spindel reported on the installation of curbs, gutters, driveway aprons and street paving at the following locations: --- D.I.P. #628: North side Cheyenne Ave. between Gneiss Ave, and Downey Ave. - 90% of the properties have either been completed or paid deposit for improvements. D.I.P. #629: South side Cheyenne Ave, between Gneiss Ave. and Downey Ave, - 66% of the properties have either been completed or paid deposit for improvements. D.I.P. #630: North side Cheyenne Ave, between Brock Ave, and Gneiss Ave. - 71% of the properties have either been completed or paid deposit for improvements. Council Minutes 5/8/72 -2- D.I.P. #631: South side Cheyenne Ave. between Brock Ave, and Gneiss Ave. - 65% of the properties have either been completed or paid deposit for improvements. D.I.F. #632: North side Cheyenne Ave. between Paramount Blvd. and Brock Ave. - 40% of the properties have either been completed or paid deposit for improvements. D.I.P'. #633: South side Cheyenne Ave. between Paramount Blvd. and Brock Ave, - 83% of the properties have either been completed or paid deposit for improvements. Responding to a question by Councilman. Morton, Mr. Spindel stated that no protests have been received on D.I.P. #632 or any of the other projects. He said that taking D.I.P. 4k632 and 633 and considering the block as a whole, over 50/ of the properties have been completed or paid the deposit. It wasmovedby Councilman Morton, seconded by Councilman Temple, and so ordered to accept the Engineer's Report, Councilman Jennings inquired if D.I.P. #632 could be deleted without endangering D.I.P. #633, and Mr. Spindel responded that it could be done. He said one property owner has placed a deposit, which would have to be refunded if deleted. Further responding to a question by Councilman Jennings regarding the term of payment, Mr. Spindel explained that the City Council adopted a policy whereby the term of payment would depend or. the amount of the improvement; that if the amount is over $600 it would generally be for a 10-year period. He said there have been requests in the past from. property owners to have a lesser amount paid over a 10-year period, and this has been approved. Mayor Winton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project Nos. 628 - 633, Cash Contract #312, Cheyenne Avenue between Paramount Boulevard and Downey Avenue, Mr,. Spindel responded to inquiries made by Mr. John Friedman, 15633 Claretta Avenue„ Norwalk, owner of property at 8116 Cheyenne Ave., Downey. He explained that the City will be putting in curbs, gutters, sidewalks, driveway aprons, and street paving on Cheyenne Avenue, and through the Paving Matching Fund Program, the City will be paying the major portion of the improvements. Mr. Spindel explained further that Cheyenne Avenue is being improved at the request of property owners on the street. He said currently work is being done to set up an assessment district to pave other streets in the same area. It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to close the hearing on Downey Improvement Project Nos. 628 - 633, Cash Contract #312, Cheyenne Avenue between Paramount Boulevard and Downey Avenue. It was moved by Councilman Jennings, seconded by Councilman Temple, 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 Imp rove mment Project Nos. 628 - 633, and approve plans and specifications and grant authority to advertise for bids on Cash Contract #312, AYES, 4 Councilmen: Jennings, DiLoreto, Temple, Winton NOES: 1 Councilmen: Morton ABSENT. 0 Councilmen: None Clarifying his "no" vote, Councilman Morton stated D.I.P. #632 includes only 40% of the property owners and that the City Council would be setting a dangerous precedent in granting approval when there is less that 50%. 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 April 10, 1972. Mayor Winton inquired of the City Clerk if he had received any further correspondence on the matter, and the City Clerk replied that a letter had been received from a Mr, Francis Hart pertaining to both appeals and apartment development, which is listed as item 12 under correspondence. Mayor Winton indicated other letters have been received in his office. Ordered filed. Mayor Winton stated proponents and opposition were heard at the hearing in February., and for this continued hearing the City Council is at liberty to take whatever action it Council Minutes 5/8/72 -3- desires regarding pro and con arguments from the floor. He said the City Attorney indica- ted that the Mayor can call for arguments in opposition and then ask for any rebuttal on the part of proponents, or, if desired by the City Council, no further arguments need be heard at this continued hearing. Mr. William Goggin, Director of Planning, reported that the request is to establish, operate and maintain a three-story 15-unit apartment building with 30 parking spaces pro- vided according to R-3 requirements. He said the property is zoned R-1 on three sides with commercial and "P" zones across the street. He stated the Planning Commission approved the request and an appeal was filed. Mr. Goggin explained that on February 14th the City Council referred the matter back to the Planning Commission for further review of the General Plan in this area with instructions that anyone who wished to speak to the General Plan should appear before the Planning Commission by March 15th, and the Planning Commission should submit its report back to the City Council by April 10th. He said the Planning Commission presented its recommendation that the City Council uphold the Planning Commission's decision for proposed R-3 in this general area with a "P" buffer zone. Discussion followed. Councilmen DiLoreto and Temple stated they had reviewed the Minutes and listened to the tape on Appeal, Zone Exception Case #1034, and feel qualified to vote on the matter. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to keep the hearing open on Appeal, Zone Exception Case #1034, 11002 Woodruff Avenue, and to allow any interested citizens the privilege of speaking to this matter. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton commented that anyone wishing to speak may do so, however, to eliminate repetition, he requested if someone is in agreement with a previous statement made, that the person give his name and address and indicate same. He informed the audience they would be called upon to a show of hands to indicate that they are in accord with the representative of their choice who would be addressing the City Council. Mayor Winton inquired if there was anyone present who wished to speak in favor of Appeal, Zone Exception Case #1034. Mr. Peter DesRochers, 9308 Fostoria St., Downey, read into the record a letter from the Planning Commission to the City 'Council dated April 6, 1972, and commented on items 1 through 5 as follows: Item 1 - His investigation revealed 8 instead of 11 property owners. That the Planning Commission's decision should have been based on best land use. Item 2 - The homes were built after Stonewood Sthopping Center and, therefore, item 2 of the letter doesn't hold any logic. Item 3 - The question of property values should have been on Cord and Fostoria rather than Cord and Pellet. R-1 property should not be used as a buffer zone. Item 4 - Traffic report indicates best use of property to be R-1. Item 5 - Urged new General Plan for the City. Mr. J. B. Orme, 9322 Fostoria, said he represents property owners on Fostoria St., Pellet St., and Cord Ave., and that they are not opposed to all apartment building in Downey, however, they are opposed to building apartments in new areas where no apartments exist. He said R-1 development -proposed for the strip of land behind the Woodruff pro- perties is not practical,nor is the proposed "P" zone as a buffer on the north and east sides of the subject property. Mr. Orme spoke regarding the problems that would arise from the increased traffic and noise, as well as the density problems. He said the three-story height of the building is not agreeable. Mrs. Robert Currier, 10929 Cord Ave., stated apartments should be confined to an allotted area and not scattered across the City. She referred to a nationwide and local survey which indicates that families prefer single family dwellings to apartment living. She spoke regarding the environment she wishes for her family. Council Minutes 5/8/72 -4- Mr, Wallace Hunt, 10933 Cord Ave „ commented on the report of the Traffic Engineer regarding the impact on traffic conditions resulting from apartment development on the east side of Woodruff Avenue, Mr. Robert W. Carlquist, 9336 Fostoria St., quoted an article from a Los Angeles newspaper regarding housing construction in California and surplus of apartment units. He spoke regarding the advantages of living and raising children in the City of Downey and how proud he is of the Downey Theatre, He said there are many fine parks in the City for children, Mr. Carlquist stated if the construction of apartments continues in the City there will not be enough children to attend the schools, Mr. Robert Reed, 15 Linda Isle, Newport Beach, stated he has a business in the City. He referred to the time when Stonewood Shopping Center was built and how the exits were designed to divert traffic in this area, Mr. Reed spoke regarding the fact that he owns apartments and knows the problems that can occur. He stated apartments on Woodruff would create traffic problems as well as police problems. Iris Marie Timson, 931.5 Fostoria, said she is an educator working in the schools and that people who move to a community look at schools perhaps more carefully than they look at the freeway system surrounding the area. She spoke further on the subject of schools and said it is to the best interests of the City to keep the schools good, free and full of children. Mr. Ronald Legge, 9319 Fostoria, reported on the groups of citizens who are attempt- ing to avert apartment development in the City. Mayor Winton reminded Mr. Legge that the subject of discussion at this time is Zone Exception Case #1034, 11002 Woodruff Ave, Mr. Legge stated that since the citizens in this area did not speak to the matter of the General Plan at the Planning Commission hearings, their desires were not known, He urged citizens to voice their opinions to their City government in order to receive proper representation and then join the City officials and employees to work toward a better City. Mr. Legge spoke regarding the Planning Commission's decision to approve the zone exception and the feeling of ,the citizens as to the decision. He spoke further on the proposed zoning for this area under the revised General Plano Mr. Legge referred to a conversation he had with Mr. and Mrs. Buick regarding a discussion they had with the City on the development of their property, Mayor Winton cautioned Mr. Legge that the subject for discussion is the property located at 11002 Woodruff Ave, Mr, Legge spoke regarding signatures obtained by Mr. Folger of businessmen of the Stonewood Shopping Center who are in favor of R-3 development of this area. He pre- sented a 13-page document from Duncan d Jones, Urban Planning b Design Consultants, concerning recently enacted legislation regarding general plans for cities. Mr. Legge spoke of the necessity of developing a general plan, and said if any change in zoning is made on the present zoning, each resident should be notified. He stated if the property owners agree to the development of an area, then it should be shown in the General Plan. Mr. Legge continued that if the revised General Plan merely reduced apartment zoning in certain areas, it should be presented to the voters. Mayor Winton explained that the Planning Commission has the General Plan under study at the present time, and it will come back to the City Council for review. He again cautioned Mr. Legge that this is not a hearing on the General Plan, Mayor Winton declared a recess at 9;30 p.m. The meeting resumed at 9:48 p.m., with all Councilmen present. Mayor Winton requested a count of those present who were represented by the previous speakers, and the count was 33, Mr. Ernest Kelso, 7140 Nada Street, said when there are too many apartments, no matter how luxurious, it creates a great amount of competition for the renters market, which brings about the lowering of rent and creates a slum potential. Mr, Ed Stirdivant, 9327 Pellet Street, one of the appellants, said his appeal is separate from the other appeal, and he inquired of the City Council as to how it intends to act on this matter. Discussion followed. Council Minutes 5/8/72 -5- Acting City Attorney Terzian explained that there are two ways the City Council can handle this matter. He said the City Council can consider the two appeals to be consoli- dated, or it can hear the proponents and rule separately and then open the hearing again for Mr. Stirdivant's appeal. Mr. Stirdivant said he would like his appeal ruled on separately from the other appeal. Acting City Attorney Terzian read both letters requesting an appeal on Zone exception Case #1034, 11002 Woodruff Avenue. It was noted that Mr. Stirdivant's appeal was dated December 28, 1971 and received December 29th. The letter from various property owners (containing 64 signatures) was dated December 29, 1971 and received December 30th. Mr. Terzian reiterated his prior statement on handling the appeal and stated further that a third alternative would be to hear all of the evidence at one time and have two separate rulings. It was moved by Councilman Jennings to hear both appeals on Zone Exception Case #1034 as a group. Councilman Morton referred to the Minutes of January 10, 1972, wherein the City Council set both appeals for hearing. He said it appears that both appeals were con- solidated into one hearing, and Mr. Stirdivant at that time did not take exception at the setting of the hearing. Councilman Morton stated when Mr. Stirdivant addressed himself at the hearing he did not take exception, and it would appear he had waived any irregularity of procedure. Councilman DiLoreto commented that if Mr. Stirdivant's appeal is requesting differ- ent relief than the other appeal, there should be two votes on the matter. Councilman Temple seconded Councilman Jennings' motion to hear both appeals as a group, After further discussion, and with the consent of the second, Councilman Jennings withdrew his motion, Acting City Attorney Terzian explained that the City Council has the power to com- pletely reverse the decision of the Planning Commission, to modify the decision, or to uphold the decision as granted. It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote that Mr. Stirdivant be allowed to address himself to the City Council on a separate appeal to Zone Exception Case #1034, 11002 Woodruff Avenue, to speak on the appeal heretofore filed by the other group if he so desires, and that each appeal be given a separate vote, AYES: 4 Councilmen: Morton, DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None Clarifying his "aye" vote, Councilman Morton stated it should be clearly indicated that the City Council has not conducted any irregularity in procedure, Mr. Stirdivant stated his appeal is to ask that the apartments be reduced in size to one story in the rear. He sketched an outline on the chalk board of the area surrounding his property and referred to a previous request for zone exception on the property at 11002 Woodruff. Mr. Stirdivant said a buffer zone has been proposed to pro- tect his property and the properties on Fostoria, however, the apartments would extend into the buffer zone. He referred to the fact that his property is proposed as a buffer zone between the Woodruff Avenue properties and properties to the east, which he objects to. Mr. Stirdivant made reference to Zone Exception Case #1045 concerning property at Florence Avenue and Haledon which, he said, due to pressures in that area, the property owner was caused to reduce the buildings from two stories to one. He also referred to the Traffic Report on Woodruff Avenue. Mayor Winton inquired if the proponents wished to speak regarding the appeal to Zone Exception Case #1034, 11002 Woodruff Avenue. Mr. Brian Brandme.yer, 11510 Downey Ave., Downey, representing the applicant, re- quested affirmation of the Planning Commission's decision. He called on Mr. Folger, Council Minutes 5/8/72 -6- owner of the property, to show slides of the area. Mr. Folger narrated as the slides were shown. A rendering of the proposed apartments was displayed. Mr. Brandmeyer spoke regarding the fact that the Planning Commission and the City Council have taken every effort to give all interested parties an opportunity to be heard on this matter. He said the proposed structure would not be detrimental to the aesthetics of the area, and Mr. Folger has agreed to dedicate 10 feet of his property for eventual street widening. Mr. Brandmeyer said the zone exception is in conformity with the proposed revised master plan. He cited low assessed values of existing dwellings on Woodruff. He referred to the size of the property and stated that it would be more suitable for a multiple dwelling than a single family residence. Mr. Brandmeyer said there are people who desire to live in apartments, and this property is properly located and controlled by the Planning Commission to develop first class apartments. Mr. Brandmeyer stated Mr. Folger has adhered to the wishes of the property owners in the area to assure them that their privacy will not be disturbed. Mr. Estil McCallum, 7363 Rio Hondo Place, Downey, spoke regarding the years he had watched the City develop and said that the City Council, Building Department and Planning Commission would not allow the development of ghettos. Mr. James Santangelo, 8426 DeCosta, Downey, made some observations on statements of several of the speakers for the appellants in this matter and commended Mr. Folger for his ability and desire to construct quality apartments. Mrs. Delphine Kilpatrick, 8337 C1eta St., said she is a renter and moved into Downey many years ago. She spoke of her children's education and stated she has no reason to own a home, but would still like to reside in the City of Downey. Mayor Winton inquired of Mr. Stirdivant if he wished to make any statements in rebuttal to comments of the proponents relative to his appeal, Mr. Stirdivant reiterated his request that the rear of the building be reduced to one story in height. He said 29 or 30 feet would not be acceptable. He answered questions of Mayor Winton regarding ingress and egress to his property. Councilman Morton referred to the Planning Commission Minutes and stated that the height of the building had been reduced to 26 feet. Mr. Stirdivant responded that 26 feet is still too high. Mayor Winton stated that for those who had appeared relative to an appeal that no conditions or construction be allowed, they will be given rebuttal time. He requested that the comments in rebuttal be concentrated solely on the proponent's presentation. Mr. J. B. Orme, 9322 Fostoria St., spoke in rebuttal to comments made by Mr, Brandmeyer. He said the people in the area are opposed to high density and they don't want apartments extending 26 feet into the buffer zone. Mr. Orme said deterioration of homes on Woodruff has been caused by some of the property owners, however, the homes are not in that bad of a condition. Mayor Winton inquired if there was anyone else who wished to speak in rebuttal, and there was no response. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1034, 11002 Woodruff Avenue. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Temple stated —he had done some research of Cities relative to density, and he was informed by the Cities of Upland, Claremont and LaVerne that they set a maximum of 15 units per acre as a density factor. He said he feels that 15 units on this property is too high of a density for the area. Councilman Temple stated further it is his feeling the City Council should propose to the Planning Commission that the entire parcel be rezoned R-3 but set conditions that would limit the density and limit the structure to a single story in the rear. He said general conditions of the entire area should be considered, inasmuch as if one parcel is rezoned or a zone exception is granted, the same would apply to the other properties. Council Minutes 5/8/72 -7- Mayor Winton cited Section 9132.16 of the Downey Municipal Code relative to zone modifications. Discussion followed regarding the order in which the appeals should be voted. Responding to a question by Mayor Winton, Planning Director Goggin stated that the structure in the rear would be a studio apartment consisting of a living room, dining room and kitchen on the ground floor, with a balcony -type bedroom constituting the second floor. He said the ceiling as designated on the elevation is a sloped ceiling, giving the effect of onestory, and the roof would be slightly higher than a normal one story building. Councilman Morton stated the question seems to be whether or not there should be any development of R-3 on Woodruff from Firestone Boulevard north, since there are no other apartments on Woodruff at the present time. Councilman Jennings said he personally feels that Woodruff Avenue across from the Broadway Department Store would be a proper place for apartments. However, he explained that he would not vote for any variance of the existing zoning until the Master Plan is adopted and in use. Councilman Jennings assured the people who have appeared and spoken on this matter that he would consider their remarks very carefully before voting on the Master Plan, and his vote tonight would not mean that he will or will not vote for R-3 for that area when the Master Plan is adopted. Council discussion followed. Councilman DiLoreto commented relative to the development in the City and he spoke of his experience as an apartment dweller. He said although he feels Mr. Folger's actions were in the right direction and would commend him on his desire to improve the community, he is not prepared to commit this area to apartments. Councilman Morton explained this area has been a source of concern for some time. He said he is not interested in having another major thoroughfare through the heart of a residential area. He referred to the fact that there are two schools on Woodruff with many children walking to and from school. Councilman Morton stated he feels that the people in the area who purchased their homes have the right to help decide what their area should be, not only to protect their investment, but to keep the area compatible with the residential nature in which they purchased their property. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve the appeal of 64 residents on Zone Exception Case #1034, 11002 Woodruff Avenue, and to deny Mr. Stirdivant's appeal. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Prior to his "aye" vote on the matter, Mayor Winton commented on the ingress and egress to the property owned by Mr. Stirdivant. He said the current ingress from the east with the back of the development toward Stonewood, would be similar to the Lakewood Boulevard development. Mayor Winton stated he feels there is a better plan for development of the area in question, and he pointed out that the situation and con- ditions change over the years for a development. Mayor Winton declared a recess at 11:30 p.m. The meeting resumed at 11:45 p.m. with all Councilmen present. There being no objections, the Fire Chief and Directors of Finance and Building and Safety were excused from the meeting. - Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1045, Northeast Corner Florence Avenue and Haledon Avenue. which was continued to this time and place from the regular meeting of April 10, 1972. 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 the request is to build a 49-unit apartment building on property zoned R1-10,000 and a revised elevation of three stories on the front, two stories in the middle, and one story and semi -subterranean garages on the rear. He reported on the hearings held by the Planning Commission and answered questions of the City Council. Council Minutes 5/8/72 -8- Councilman DiLoreto inquired as to whether the property owner could proceed to develop the property with a 42-unit apartment building under a previous zone exception that was approved. Mr. Coggin replied that he could, and the permit will not expire until September of this year. Mayor Winton inquired of the City Clerk if he had received any correspondence on this matter, and the City Clerk replied a letter had been received from Mr. Francis Hart and is listed as item C-12 under correspondence. Mayor Winton inquired if there was anyone present who wished to speak in favor of Appeal, Zone Exception Case #1045, Northeast corner Florence Avenue and Haledon Avenue, Mr. Maurice McAlister, 9205 Dinsdale, inquired if he could ask a few questions as to the procedure involved, inasmuch as questions were raised regarding a previous zone exception on the subject property. Council discussion followed. Mr. McAlister was requested to proceed with his presentation. Mr. McAlister outlined the description of property to be developed into 49 units and he cited the density factor as being unreasonable. He said that additional density will account for 100 more cars in the area to add to the congestion on local streets, and local streets are designed for low density traffic. He said Section 9101 of the Downey Municipal Code would be violated because of "undue concentration of population." Mr. McAlister stated the height limit would be changed, and no buildings within the immediate area are as high as the planned 49-unit apartment building. He stated further that Section 9131.2 of DMC would be violated because the granting of a zone exception should not affect the characteristics of the surrounding neighborhood. Mr. McAlister commented on existing developments east of Lakewood Boulevard on Florence Avenue and the fact that they do not clash with the residential architecture. He said the General Plan should be changed to prevent the encroachment of high density structures within R-1 zones. Mr. McAlister referred to a report that states 85% of the residences facing on Florence Avenue are single resident dwellings. He said the owner of the vacant property at Haledon and Florence would stand to profit if the zone exception is granted, whereas the present adjoining homeowners would lose 10 to 20% on their investments. Mr. McAlister stated a 49-unit apartment would increase police, fire and park problems, as well as the afore- mentioned traffic congestion, and would jeopardize public safety on Florence Avenue. He introduced for the record a letter he received from Mr. Edward J. Terry, resident on Dinsdale, wherein he stated his support for Mr. McAlister°s views and reasons for oppos- ing the construction of a 49-unit apartment building at Florence and Haledon. Councilman Jennings inquired of Mr. McAlister that if Zone Exception Case I$1045 is denied, would he be content to accept Zone Exception Case #954 which permits 42 units, Mr. McAlister replied that if Zone Exception Case #1045 is denied, then under Sections 9130.7 and 9130.8 of the Downey Municipal Code, Zone Exception Case #954 should also be denied. Mr. Robert Reed, 15 Linda Isle, Newport Beach, owner of the apartments across the street on Haledon, commented that when he first built apartments in Downey he contacted residents in the surrounding area regarding construction of Low density apartments. He said low density apartments can and do provide good income. Mrs. Howard Zimmerman, 9125 Florence Avenue, stated she purchased her multiple units on Florence Avenue because the building was compatible to the residential tone of the community. She said she takes a great deal of pride in the unique quality of the resi- dential areas of the City of Downey. Mrs. Zimmerman spoke of the traffic problems that will result with the development of a 49-unit apartment building. Mr. Lee Coates, 9151 Dinsdale, stated he is totally opposed to the proposed develop- ment, inasmuch as his four children play on or around Haledon Avenue and that there would be the added density of cars if the 49 units were constructed. Responding to a question by Councilman Jennings, Mr. Coates said he attended and spoke at the hearing on this matter before the Planning Commission, Responding further, he stated he does not recall whether he received a notice of the previous hearing for a zone exception on the subject property, and he did not attend the hearing. Mr. Edward J. Terry, 9160 Dinsdale, concurred with the comments of Mr. McAlister and Mr. Coates. He referred to the inevitable traffic and parking problems that will result from the development of 49 units, Mr. Terry spoke in opposition to a three story structure and to the changes in the redesign. Responding to a question by Councilman Jennings, Council Minutes 5/8/72 -9- Mr. Terry stated he spoke in opposition at the previous zone exception hearing on the subject property, Mr. Daniel Segley, 9191 Otto St., concurred with the previous statements in opposi- tion. Responding to a question by Councilman Jennings, Mr. Segley stated he did not receive notice of the hearing on the previous zone exception and, therefore, did not appear. Mr. William Kirkland, 9227 Florence Avenue, stated the proposed apartments need to be improved with regard to density and traffic. He said he has lived on Florence for over 20 years and will probably live there another 20. Referring to the hearing on the previous zone excpetion, Mr. Kirkland stated he was out of town at the time and was not able to attend. Mayor Winton inquired if there was anyone else present 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 to the appeal. Mr, Johnny McDowell, 10026 Sideview, called on Mr, Les Olson to give a brief history of the area, Mr. Leslie 0lson, 10022 Tristan Drive, stated that he worked for the County Regional Planning Commission in regard to planning the area from Florence Avenue to Gallatin Road and from Lakewood Boulevard to the River, and through discussions of the Commission, the property on Florence Avenue was always designated for future R-3 use, i.e,, the westerly portion opposite the School on over to Lakewood Boulevard. He referred to a decision of the City Planning Commission, during adoption of the General Plan, that the church property would be the end of R-3 development on Florence. Mr. Olson continued that the request is for a 49-unit apartment consisting of one, two and three story buildings with semi -subterranean parking and 98 parking spaces, and he referred to the square footage per each unit. He said the building in the rear will be one story 15' in height, the two story portion will be 261, and the three story portion will be 321. Mr. 0lson stated Florence Avenue is a major highway, and the dust, noise and exhaust fumes make it undesirable for single family development. He said the zone exception will not adversely affect the surrounding neighborhood or be injurious to property investments in the vicinity, and that the area has been developed solidly with apartments in conformance with the General Plan. Mr. Olson explained that protection for the adjacent properties has been provided, such as subterranean parking, landscaping, and block walls, and the area will be improved with sidewalks, parkways and street lights. Mr. Olson stated the plan is in conformance to the Planning Commission's require- ments for the property and is superior to the plan that was approved under Zone Exception Case #954. Mr. McDowell referred to changes over and above the zone exception that was previously approved. He said the developer has taken great pains to create an attractive frontage to the building. Traffic will be directed off Florence and not Haledon. He said the zone exception previously approved will be in effect until September. Mr. W. A. Lambeth, 10216 Vultee, said he resides in an apartment owned by the de- veloper, and he feels the management is competent to do and perform in a manner in which Downey can be proud. Mr. Jim Hartley, 10237 LaReina, stated he also resides in an apartment, and he referred to a commercial development on Florence Avenue. Mr. Morris Brown, 1019 Carol, Los Angeles, stated he is the developer and is -- seeking to develop quality apartments. He spoke of the increase in size of each unit. Mr. Spike Anderson, 9150 Florence Avenue, said he resides in the Del Prado Apartments owned by the developer. He stated he has no complaints, the grounds are well kept, and he had to wait six months to move in because there were no vacancies, Mr. Estil McCollum, 7363 Rio Hondo Pl., referred to comments made by Mr. McAlister, and said there is as much if not more commercial on Florence than there are homes and apartments; that most of the commercial properties on Florence have driveways that go off onto residential streets. He said more cars would be disposed onto residential streets from a commercial development than a 49-unit apartment. Council Minutes 5/8/72 -10- Brandi Koah, 9150 Florence Avenue, said she is the manager of the Dorset House and Del Prado Apartments. Referring to the vacanck factor, she said such is not the case at the Dorset House or Del Prado, and in fact, both properties have always had a large waiting list for those wishing to rent. Mayor Winton inquired if there was anyone else who wished to speak in opposition, and there was no response. He inquired if the applicant wished to speak in rebuttal. Mr. Maurice McAlister spoke regarding comments made by several of the speakers in opposition. He said he is not in favor of a three story high density apartment. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to close the hearing on Appeal, Zone Exception Case #1045, northeast corner Florence Avenue and Haledon Avenue. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared a recess at 1:00 a.m. The meeting resumed at 1:15 a.m., with all Councilmen present. Councilman Temple stated that the density should be considered, inasmuch as 49 units on one and one-half acres would be approximately 30 units per acre, and based on a true representation of other areas that have controlled density, 25 units should be the maximum. He said a density factor on Haledon would result and he questioned the need for more setbacks. Councilman Jennings reiterated his statement that he would not vote for a zone exception until the master plan is approved and in use, however, he would oppose to the bitter end anyone attempting to override a zone exception already on the books. Councilman DiLoreto referred to the fact that apartments have been allowed to develop on Florence, and it is his opinion that this property should not be developed for single family residential because of the traffic on Florence. He said the developer apparently has gone to great lengths to placate some of the original objections of the property owners in that area and to provide a superior development. Councilman DiLoreto stated that taking into account what the City Council has allowed in the past, it is his opinion that the developer should be allowed to proceed with the development. Councilman Morton commented relative to the development of R-3 on Florence Avenue. He said the General Plan has called -for R73 development for quite some time and there are other apartments in the area that have been constructed. Councilman Morton stated the crux of the matter is not whether the property should be developed as R-3, but what the density should be. He said the fact that the City Council and Planning Commission have approved apartments on Florence in the past does not mean they should continue to approve them. He said he is not completely in accord with the 30 foot height. It was moved by Councilman Morton and seconded by Councilman Temple to uphold the Appeal to Zone Exception Case #1045, to deny the original applicant, and if necessary refer the matter back to the Planning Commission. Acting City Attorney Terzian said if the appeal is upheld, the zone exception granted by the Planning Commission is denied and would not have any effect on a previous zone exception. He stated the applicant can go ahead with the 42 units previously approved, providing the work begins within the required period of time. Roll call vote: AYES: 3 Councilmen: NOES: 2 Councilmen: ABSENT: 0 Councilmen: Jennings, Morton, Temple DiLoreto, Winton None Clarifying his "no" vote, Mayor Winton stated thete are two factors to be considered, namely, setbacks and internal and external densities. He said by denying the appeal, the way might have been opened for a unit having greater internal density, thus possibly de- creasing the quality of the units: He stated he feels external density is being swapped for internal density. It was moved by Councilman Morton that the City Council instruct the Planning Commission in accordance with the proper Code sections to rescind approval of the original Council Minutes 5/8/72 -11- I np Zone Exception Case, #945, Not theastj.corner F�lorencle!Abenue.andiHaledon Avenue, and hold apartments and density is forthcoming. Acting City Attorney Terzian read Section 9130.7 of the Downey Municipal Code re- garding grounds for revocation of a zone exception. He said based on what he has heard, there is nothing to indicate that the applicant has violated his zone exception by any of the grounds cited. Referring to item 5 of Section 9130.7 which states "that the use for which the approval was granted was so exercised as to be detrimental to the public health or welfare, or so as to constitute a nuisance," Councilman Morton stated density does contribute to the problem of pollution and his motion still stands. Councilman Temple seconded the motion. Councilman DiLoreto voiced his strong opposition to the motion. Acting City Attorney Terzian explained that there would be a public hearing before the Planning Commission, and before the zone exception can be revoked the Commission must make findings that one of the grounds exist. Roll call vote. AYES: 2 Councilmen: Morton, Temple NOES: 3 Councilmen: Jennings, DiLoreto, Winton ABSENT: 0 Councilmen: None It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to approve the Minutes of the Regular Meeting of March 28, 1972• Regular Meeting of April 10, 1972; Adjourned Regular Meeting of April 18, 1972• and Regular Meeting of April 25. 1972. Communication from Downey Historical Society regarding Governor John Downey Week. Mayor Winton proclaimed the Week of June 18 to 24, 1972 as Governor John Downey Week, Communication from Downey Board of Realtors regarding Comprehensive General Plan. The City Clerk was directed to send an invitation to the Board of Realtors inviting them to speak at another City Council meeting. Communication from Southern California Water Company regarding Application, Limited Water Rate Increase. Referred to the Water Board. Communication from L. P. Leavitt, P.E., & Associate, requesting Appeal for Relief from Conditions. It was moved by Councilman Jennings and so ordered to set the matter for consideration for 8:00 a.m. May 23, 1972, in the Council Chamber of the Downey City Hall. Communication from Carley V. Porter regarding Tax Reform. Ordered filed. Communication from Chris S. Rellas, Attorney, regarding Park Water Company Rate Increase. Referred to the Water Board. Communication from Downey Civic Chorus regarding Quarterly Financial Statements. It was moved by Councilman Jennings & so ordered to receive and file. Communication from Division of Highways regarding Widening of Santa Ana Freeway. Ordered filed. Communication from Department of Public Works regarding Open House - National Public Works Week. Ordered filed. Communication from 11100,000 in May" regarding Memorial Day Pageant to be held in Los Angeles Memorial Coliseum. Ordered filed. Communication from Planning Commission regarding Request for Vehicle Access, 7629 Pivot Street. Councilman Jennings explained that when the people built homes on Pivot Street, they gave up access rights to Burns Avenue. He said, however, people have installed gates to allow access to Burns, and Mr. S. Brogna of 7629 Pivot St. is requesting same for the purpose of allowing him to park a recreational vehicle in his rear yard. Council Minutes 5/8/72 -12- It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Mr. Brogna's request for Vehicle access,'7629 Pivot Street. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Clerk was directed to notify the Planning Commission of the City Council's action and to inform the applicant, Mr. Brogna. Communication from Francis N. Hart regarding Zone Exceptions and Apartment Construction. Previously ordered filed. Various communications regarding Resignations from Boards and Committees. It was moved by Councilman Jennings, seconded by Mayor Winton, and so ordered to accept the resignations with regret. LEGAL CLAIMS Ref. #049, Albert and Dorothy Orr It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to deny the Legal claim of Albert and Dorothy Orr. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY ADDING THERETO SECTION 6270 RELATING TO LICENSING OF MASSAGE PARLORS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ORDINANCE NO. 419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY REPEALING PART 5, CHAPTER 5, OF ARTICLE VI OF THE DOWNEY MUNICIPAL CODE CONSISTING OF SECTIONS 6553, 6553.1 AND 6554, WHICH SAID SECTIONS RELATE TO MASSAGE PARLORS The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Ordinance No. 419. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6250 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO JUNK COLLECTION The Ordinance was read by title only. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to waive further reading. Council Minutes 5/8/72 -13- After Council discussion, it was moved by Councilman .Jennings, seconded by Councilman Temple, and passed by the following vote to introduce the Ordinance, AYES: 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION N0, 2683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING DEVENIR STREET A THROUGH STREET AT ITS INTERSECTIONS WITH SANDY LANE AND VERDURA AVENUE The Resolution was read by title only. It was moved by Councilman Morton, seconded by Councilman Temple, 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, 2683, AYES: 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The Resolution reques c Employee's Retireme er's Report, Contract between the Board of Administration City of RESOLUTION N0, WS-790 was held over to the City 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, 49864 - 50362, $209,266,67 -- PAYROLL) The Resolution was read by title only, It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to waive further reading, It was moved by Councilman. Jennings, seconded by Councilman Morton, and passed by the following vote to adopt. Resolution. No, WS-790, AYES: 5 Councilmen, Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen; None ABSENT: 0 Councilmen: None RESOLUTION N0, WS-791 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 (N0, 18960 - 19149, $235,985,66) The Resolution. was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No, WS-791, AYES: 5 Councilmen; Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: No-..e ABSENT: 0 Councilmen: None Cash Contract #303, Driving Range at Rio Hondo Golf Course was held over to the City Manager's Report, Following a summa.tior_ of bids, it was moved by Mayor Winton, seconded by Councilman Jennings, and passed by the following vote to award Cash Contract #304 Lakewood Boule- vard Island Landscaping; in. the amount of the unit prices bid for bid items 1 thru 4 to Silveri & Ruiz Construction Company of Fullerton, the lowest and best bidder, and waive the bid bond irregularity, Council Minutes 5{8j72 -1"- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to approve a Utilities Agreement with the Division of Highways for Lakewood Boulevard Resurfacing, and authorize the Mayor to execute the same. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Responding to a question by Councilman Temple regarding Appropriation of Street and Sidewalk Fund, City Engineer Henriksen explained that several projects have been committed to the property owners and matching funds have been received. He said the City's portion would be approximately $3,000. Mr. Henriksen stated further that two other projects are contemplated: One on Yankey St. with the City's portion around $5,000, and the other on Cheyenne Avenue with the City's portion around $12,000. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to approve the appropriation of $20,000 from the cash available in the Street and Sidewalk Fund. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Morton that the report of the Planning Commission to the City Council dated May 4, 1972 be overruled and the City Council re -affirm its previous action to approve Appeal, Zone Exception Case #1000 Southwest corner Studebaker Road and 605 Freeway Off -ramp, subject to conditions, and direct that the conditions which were requested to have been presented by the Planning Commission be made available to the City Council. Acting City Attorney Terzian inquired of Councilmen DiLoreto and Temple if they had listened to the tapes pertaining to this matter or familiarized themselves to all of the facts, and the Councilmen replied that they had read only the Minutes of the Council Meetings. Mr. Terzian commented that he does not believe that is sufficient to permit either of the Councilmen to vote on the matter, and he suggested that they abstain. He said the matter requires three affirmative votes of the City Council, and Councilmen Jennings, Morton and Winton have heard all of the testimony, The motion was seconded by Councilman Jennings. Planning Director Goggin stated the Planning Commission in its final action did not recommend any conditions. He said, however, the Planning Department has prepared condi- tions for the City Council. Responding to Councilman DiLoreto's question regarding the necessity to refer this matter back to the Planning Commission, Acting City Attorney Terzian read the motion of the City Council from the Minutes of April 10, 1972, pertaining to this matter. The motion was to approve the appeal subject to conditions to be imposed by the City Council following report and recommendation of the Planning Commission. Roll call vote: AYES: 3 Councilmen: Jennings, Morton, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 2 Councilmen: DiLoreto, Temple A question arose regarding procedure to have conditions submitted back by the Planning Commission or the Planning Department. Councilman Morton explained that the normal procedure in the past is when a matter is referred back to the Planning Commission, whether or not they agree with the City Council, they usually submit the conditions. Planning Director Goggin commented that the Planning Commission has indicated since it is recommending denial it did not want to present any conditions. He stated further that there was an indication at the Planning Commission meeting that the Commission might make up a set of conditions, however, at a subsequent study meeting the Commission ordered the Planning Department to prepare the conditions. Council Minutes 5/8/72 -15- Council discussion ensued. Councilman Morton commented that he would like time to study and review the proposed conditions recommended by the Planning Department. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by the following vote to receive the recommendations as prepared by the Planning Department on Zone Exception Case #1000, Southwest corner of Studebaker Road and 605 Freeway Off -ramp, AYES: 3 Councilmen: Jennings, Morton, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 2 Councilmen: DiLoreto, Temple It was moved by Councilman Morton that Zone Exception Case #1000, Southwest corner Studebaker Road and 605 Freeway Off -ramp, with regard to the conditions, be continued until the Council Meeting of June 12, 1972. Discussion followed regarding re -opening the hearing to allow the applicant and any interested persons the opportunity to voice their opinions to the conditions. Councilman Morton restated the motion that Zone Exception Case #1000, with regard to the conditions, be continued until the Council Meeting at 7:30 p.m., June 12, 1972, and that the public hearing be re -opened at that time. AYES: 3 Councilmen: Jennings, Morton, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 2 Councilmen: DiLoreto, Temple CITY MANAGER'S REPORT City Manager Charles W. Thompson spoke regarding Cash Contract #303, Driving Range at Rio Hondo Golf Course, which has been under study by City Staff and City Council Study Committee. He said the City Council previously approved a contract with an architect to design a driving range facility, and this work has been completed. He said the report of the Director of Public Works requested that the architectural elevation, plot plan, and structural details for the development be approved, that the plans be approved, and authority be granted to advertise for bids for various phases of the work. Mr. Thompson stated the total cost is estimated at $120,000 and it is proposed that the financing for this facility be arranged through the replacement fund and the depreciation fund of the City. He said the City would then utilize a short borrowing capacity each year to pro- vide the necessary funds for the construction of the facility. He referred to information submitted by the committee regarding the amount of money that would be generated by the driving range, and it is recommended that the City Council approve the appropriation of $10,000 from the General Fund Fund Balance to Account #52-17505, to be replaced from the Depreciation Reserve through a series of annual notes until it is paid for. Mr. Thompson said prior to funding of the project or receipt of bids, a letter will be secured from the Bond Counsel. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the plans for development of Cash Contract #303, Driving Range at Rio Hondo Golf Course, grant authority to advertise for bids on the various phases of the work, approve the recommended financing procedure method and the appropria- tion of $10,000 from the General Fund Fund Balance to Account #52-17505, subject to consent of the Trustee, Bank of America, and written opinion of the Bond Counsel, O'Melveny d Myers. AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 1 Councilmen: DiLoreto ABSENT: 0 Councilmen: None Referring to the Amendment to the Public Employees' Retirement System Contract, City Manager Thompson requested that this matter be deferred until after a meeting with the City Employees Association and an opinion from the City Attorney's office. Council Minutes 5/8/72 -16- AM ^ ei lL9 'L"i ORAL COMMUNICATIONS It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by the following vote to approve the Appointments of Paul J. Riccobon to fill the unexpired term of Robert Weglin on the Park & Recreation Commission, and Kenneth R. West to a four-year term on the Traffic Committee created by the resignation of Mr. Wendell Wiser, both representing Councilmanic District #5. AYES: 4 Councilmen: Jennings, DiLoreto, Temple, Winton NOES: 1 Councilmen: Morton ABSENT: 0 Councilmen: None Clarifying his "no" vote, Councilman Morton stated in the past appointments to commissions have always been in the form of a resolution and he feels a resolution should be prepared. Mr. Paul J. Riccobon, speaking from the audience, stated he will work very hard to do a good job on the Park & Recreation Commission. Councilman Jennings called for a progress report on the Master Plan. Planning. Director Goggin explained that a review has been made of all the recommenda- tions of the City Council. He said most of the written text has been incorporated, either directly or indirectly, and when the text is submitted back to the City Council, complete insert sheets containing recommendations of the City Council will be provided for insertion. Mr. Goggin stated recommendations on the map have been studied, and firm commitments have been made on most. He pointed out that more work has to be done in Mayor Winton's District because of the size of the area. However, Mr. Goggin said a further report will be submitted in two weeks and the final form will be submitted in 60 days. There being no further business to come before the City Council, the meeting was adjourned at 2:30 a.m. ROBERT L. SHAND, CITY CLERK DONALD H. WINTON, MAYOR Council Minutes 5/8/72 -17- ADDENDUM TO COUNCIL MINUTES OF MAY 8, 1972 Page 13, first paragraph, reads: It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Mr. Brogna's request for vehicle access, 7629 Pivot Street. Should read: It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve Mr. Brogna's request for vehicle access from Burns Avenue for parking of a recreational vehicle on property located at 7629 Pivot Street. The above was authorized through Minute Action at the City Council Meeting of June 12, 1972 upon request of Councilman Jennings. ROBERT L. SHAND, CITY CLERK