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HomeMy WebLinkAboutMinutes-06-12-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1972 T A B L E O F M I N U T E A T I O N S SUBJECT: ACTION: PAGE NO. Resolution`#2690, Confirming Assessment for". Chapter 27 for D.I.P. #604, N/s Firestone Blvd. E/o Woodruff Adopted 2 Underground Utility Dist. #4, Paramount Blvd. Taken under submission 3 Appeal, Z.E. Case #1000, SW Corner Studebaker Rd. Approved with addition & 605 Freeway Off -ramp - Conditions of Item 20 6 Z.E. Case #1000, SW Corner Studebaker Rd, & 605 Freeway Off -ramp - Traffic safety problems Ref. to Traffic Committee 7 Appeal, Z.E. Case #1051, 11118 Woodruff Ave. Denied 8 Appeal, Z.E. Case #1054, NE Corner Paramount & Orange, 12230 Paramount Blvd. Denied 10 Minutes, May 8, 1972 Approved with addition 10 Comm, from Marius Nielsen re Resignation from Downey Water Board Accepted with regrets 10 Comm. from So. E1 Monte & San Gabriel re Availability of Registered Voters Lists to Mayor to send letter in Candidates for Municipal Office support 10 Comm. re Modif. of Rules for Undergrounding Ref. to Dir. Public Works Existing Uti1. Lines - P.U.C. Case #8209 for study & report 10 Request for hearing on Appeal, Z.E. Case #1055, 8019 Florence Ave. Hearing set for 7/10/72 10 Comm. from Downey Comm. Hospital re Approval of Increase of Rates & Sales for Fiscal Yr. 72-73 Approved 11 Report & Recommendations on General Plan Ref, to Cn. Morton & Jennings for report & final summation 11 Legal Claims (for information only) Ref, #062, Betty A. Cook No action 11 Legal Claims (for Council action) Ref, #039, Billy Tucker Ref. #040, Calvin Sullivan Ref. #041, Donald Bogard Ref. #057, Gerals Sesslin Ref. #058, Richard Gonzales Ref. #059, Donna Padilla Ref. #060, William H. Welsh Ref. #061, Jon R. Garcia Denied 11 Resolution #2686, Req. Allocatn of County Aid to Cities Funds for Maint. of Select Sys Streets Adopted 12 Resolution #2687, Urging Change in Policy Whereby Agencies will not Pre-empt Home Rule Adopted 12 Resolution #2688, Approving Appointment by Mayor of Member to Downey Comm. Hosp. Auth. Comm. Adopted 12 Resolution #2689, Approving Appointment of Joe Davis as Member of Water Board Adopted 12 Resolution 4PWS-794 (Payroll) Adopted 13 Resolution 4PWS-795 (B Warrants) Adopted 13 CC #297, Misc. Repairs - Award of contract Approved 13 CC #312, Cheyenne Ave. from Paramount to Downey - Award of contract Approved 13 Council Rules and Brochure Approval of one -page 14 information sheet Appointment of Nello di Corpo to Traffic Comm. representing District 4 Approved 14 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1972 The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 12, 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 Royal M. Sorensen, 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 d Recreation Ray Lake, Director of Building d Safety Loren D. Morgan, Police Chief Robert W. Gain, Fire Chief Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The invocation was led by Reverend Kenneth E. Peterson, Christ Lutheran Church, followed by the Flag Salute led by Councilman Temple. Mr. Harrison Baker, on behalf of the Tournament of Roses Association, presented a color photograph of Downey's entry in the 1972 Tournament of Roses Parade which won the Class A-6 Award. Mayor Winton declared that this is the time and place for the public hearing on Downey Improvement Project No. 604, Sites 2 and 4, North Side of Firestone Boulevard, East of Woodruff Avenue. He inquired of the City Clerk if he had the Affidavit of Post- ing of Notice and Affidavit of Mailing, to which the City Clerk responded in the affirmative. It was moved by Councilman Morton, seconded by Councilman Temple, 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. Public Works Director Spindel reported the work has been completed under provisions of Chapter 27 of the 1911 Act at the following sites, and it is recommended that the City Council confirm the assessments: Site 2 - 9333 Firestone Boulevard Total Cash Assessment $ 470.06 Total Interest for 3-Year Assessment 42.79 Total Amount to be Collected over 3-Year Period $ 512.85 Site 4 - 9411 Firestone Boulevard Total Cash Assessment $ 813.01 Total Interest for 10-Year Assessment 291.79 Total Amount to be Collected over 10-Year Period $ 1,104.80 It was moved by Councilman Jennings, seconded by Councilman Morton, and so ordered to accept the City Engineer's Report. Mayor Winton inquired if there was anyone present who wished to speak in protest to the improvements, 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 Downey Improvement Project No. 604, Sites 2 and 4, North Side of Firestone Boulevard, East of Woodruff Avenue. Council Minutes 6/12/72 -1- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONFIRMING THE ASSESSMENT FOR CHAPTER 27 PROCEEDINGS FOR DOWNEY IMPROVEMENT PROJECT NO. 604, NORTH SIDE OF FIRESTONE BOULEVARD EAST OF WOODRUFF AVENUE 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. 2690. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Underground Utility District No. 4, Paramount Boulevard. He inquired of the City Clerk if he had the Affidavit of Mailing of Notices, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to receive and file the Affidavit. Mayor Winton inquired of the City Clerk if he had received any written protests or objections to the formation of the Underground Utility District. City Clerk Robert Shand replied that a letter of protest had been received from Key Management, Inc., in objection to the proposed underground wiring. He read the communication. Mayor Winton inquired if there was anyone present who wished to speak on behalf of the written protest, and there was no response. Public Works Director Spindel stated several telephone inquiries were received on this matter, all of which were responded to by Public Works personnel. Mayor Winton inquired if there was anyone present who wished to speak in protest to the formation of Underground Utility District No. 4. Mr. Sal Lorenzetti, speaking on behalf of his parents who are the owners of property located at 10222-10224 Paramount Boulevard, stated they are against the undergrounding of the overhead utility wires on Paramount between Seventh Street and Florence Avenue. He commented that two out of 18 parcels on the west side of Paramount and 15 out of 18 on the east side of Paramount will be paying for the undergrounding, and he asked if this was fair. Mr. Lorenzetti said he didn't feel the property owners should have to pay for relocating the power sources which are now in existing service. Mr. Milton McCabe, 10610 Parrot, Downey, owner of the property located at 10334 Paramount, registered a complaint that he had not received notice of this meeting or of the assessment, even though he had been the owner of the property since July 1, 1971. He said he is in favor of the undergrounding in order to beautify the City and is willing to pay his share, however, he is opposed to the distribution on the payments and would re- quest a more equitable distribution. Responding to Mr. McCabe's statement about not being notified of the hearing or of the assessment, Public Works Director Spindel explained that upon receiving notice from the former property owners that they had sold the property to Mr. McCabe, a certified letter was mailed to him dated June 8th. Mr., Twait, 7124 Nada St., owner of property at 10322-26 Paramount Boulevard, said he will be paying the highest price quoted on the street. He said he is not opposed to the undergrounding, but he would request a more equitable distribution of the assessments. Responding to a question by Councilman Morton regarding the assessment on Mr. Twait°s property, Public Works Director Spindel explained that the Building Department Council Minutes 6/12/72 -2- and Edison Company checked the amount of work to be done on each parcel, and after obtaining actual estimates from the contractor for the cost of the work, each parcel was estimated on its own merits. Councilman DiLoreto asked who prepared the estimate specifications. Building & Safety Director Lake stated his department prepared the estimates, which were the lowest estimates submitted by two local State licensed contractors in the field. Mr. Les Waggoner, owner of property located at 10532-34-36 Paramount Blvd., questioned the specifications. He said the trend in the utilities is to go to lower impedence transformers, which means heavier short circuit duties. Mr. Waggoner ques- tioned the safety factor of the City specifications as related to load interruption. He said the engineering proposal seemed inadequate. Building & Safety Director Lake said the proposal is from the Edison Company and should be discussed with them. He stated Edison is furnishing lateral up to the pro- perty and 1001 of conductor, but no conduit is furnished by Edison. Mr. Waggoner commented that the price seems out of line. Mayor Winton inquired if there was anyone else who wished to speak in protest to the formation of Underground Utility District No. 4, and there was no response. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to close the hearing on Underground Utility District No. 4, Paramount Boulevard. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Temple and seconded by Councilman Jennings to take Underground Utility District No. 4, Paramount Boulevard, under submission for further study, and that the property owners receive notification when the matter is brought back before the City Council, Public Works Director Spindel answered questions of the City Council. He said one of the reasons that some of the properties were not assessed is that they already have underground services ready to be connected. Mr. Spindel stated some of the older parcels on the west side of Paramount are served from rear Lot lines and not on Paramount and, therefore, it is not necessary to convert them. He explained further that the primary reason for the underground utilities is beautification. Also, it could be considered of great benefit to the property to have services underground. Councilman Morton stated if the primary reason for the underground utilities is beautification, it would be for the benefit of the entire area and not for just a portion of the parcels. Responding to a question by Councilman DiLoreto, Public Works Director Spindel commented that it would be preferred if the property owners would arrange to have the work done themselves rather than have the City do it. He said in previous districts, where the property owners have arranged to have the work done themselves, the work was done for considerably less. Councilman Morton said he would assume that the purpose of the motion to take the matter under submission is to enable Councilmen Jennings and Temple to make a study and bring back a recommendation to the City Council. Roll call vote: AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for a continuation of Appeal, Zone Exception Case #1000 Southwest Corner Studebaker Road and 605 Freeway Off -ramp, for discussion of conditions and final action'. Councilman Morton commented that certain conditions mentioned at previous Council meetings were omitted from the conditions submitted by the Planning Department, and he requested they be included as follows: Council Minutes 6/12/72 -3- Item 3(a) - The gas station and commercial businesses shall not operate between the hours of 12:00 midnight and 6:30 a.m. Item 9(a) - That all lights, including signs, except security lights, shall be turned off at 12:00 midnight each day. Under Item 19, Automobile repairs as permitted in a C-1 zone may be provided, however, only emergency repairs may be permitted after 10:00 p.m. Responding to a question by Councilman DiLoreto, Councilman Morton explained that the conditions were specified after a tremendous amount of study. He said the property is contiguous to a residential area, is zoned R-1-5000, and when the property was first pro - proposed for a development of this nature, there was a tremendous amount of citizen opposition. He stated it was suggested to the developer that he work with the residents and come up with a suggested plan of step-down development; that the developer met with the property owners and apparently obtained a concurrence of the majority. Discussion followed regarding the proposed conditions. Mayor Winton commented that had conditions been imposed on service stations that have attempted to establish themselves in some areas in his district, particularly next to residential areas, there may not have been the problems that exist today with vacant and dilapidated structures. Discussion followed regarding the procedure for hearing testimony. Councilman Morton explained that the appeal was heard and approved and transmitted back to the Planning Commission for conditions; that the conditions were presented at the last City Council meeting; and upon motion the public hearing was opened for the conditions only. Mayor Winton inquired if there was anyone present who wished to speak in opposition to the conditions on Appeal, Zone Exception Case #1000, Southwest Corner Studebaker Road and 605 Freeway Off -Ramp. Mr,, Dale L. Ingram, Consultant, P. 0. Box 229, E1 Monte, representing the applicant, Downey Joint Venture, stated the long list of conditions is designed to guarantee what has been promised by the applicant for a planned development concept. He said he is in accord with 90% of the conditions, including those presented by Councilman Morton, however., he would request relief on the following conditions: Condition 2(a), approving a 25o sign in height with 60 sq. ft. per face. Mr. Ingram stated the Arco station will be freeway oriented, and he referred to two other service stations located nearby that have 50" signs in height with 120 sq. ft. per face. Mr. Ingram suggested removal of the permitted 15 sq. ft. message board. Condition 2(b), which approves 30 sq. ft. of sign per business, or 150 sq. ft. of signo Mr. 'Ingram said he had submitted a design for signs 2' in height that would vary depending on the size of the store, and he would request that the City Council consider approving a sign one square foot per lineal foot of store front rather than the 30 sq. ft. Mr. Ingram referred to the clock which is the trademark of the Tic Toc markets, and he requested permission for a 6 x 6" clock face with a 3 x 61 panel underneath with the words, Convenience Store°, Condition 8, which restricts the use of banners or flags. Mr. Ingram said the Arco station would desire to fly the American Flag. Mr. Ingram stated Condition 19(b) and (c) is a harsh restriction, however, Arco has agreed to go along with it. He said Arco is concerned about the circumstances arising beyond its control that could result in the closing of the station for 90 days, i.e., freeway construction, storm drain construction, or acts of God. Mr. Ingram suggested that items (b) and (c) be combined to read, "When the service station ceases to operate for a period of 90 days, all structures shall be removed within seven days or an appli- cation shall be filed with the Planning Commission for a change of use of the structures," thus offering an alternative. Councilman Jennings inquired if the zone exception would be declared nul and void should the Tic Toc market be replaced by another business. Planning Director Goggin replied that if the Planning Commission felt the business was beyond what had been granted at the hearing, it would require a new zone exception for that use. Council Minutes 6/12/72 -4- Mayor Winton inquired if there was anyone present who wished to speak in favor of the conditions on Appeal, Zone Exception Case #1000, or relative to the changes as offered by the applicant. Mr. Emmett Williams, 11010 Studebaker Rd., submitted signed statements delegating him as the representative of 99 people in the area. Speaking to condition 2(a), he said there are already six gas stations in the area, and most of them have been closed for a period of time. Mr. Williams referred to condition 2(b) and requested that a specific'. list of tenants be approved as part of the conditions. On condition 3, he requested that occupancy of the service station be granted only upon the completion of the entire project, and on conditions 4 through 19 he inquired where and to whom a person would complain if the conditions are not met. Mr, Williams stated the people are concerned about the traffic problem and that members of the Police Department and Traffic Committee are equally concerned. He presented the following requests: A wall or barrier between the service station and the commercial area to prevent the parking lot from becoming a roadway; That no parking be allowed on Studebaker Road; 03, F.e�a' /�/`_ That no U-turns be allowed at the signal or at the turn bay atieo /ao Mrs, Norma Fergus, 7429 Cherokee Drive, said that she is also speaking as a repre- sentative of the 99 people, Speaking on condition 2(c), she inquired if the density had been considered when approving the 14-unit apartment house development, and she requested that the building remain the same in size but the number of apartments be reduced to no more than nine, with the ten extra parking spaces designated for visitor parking or an access road. She said a parking area would help prevent visitors from using the commer- cial parking or from parking on Studebaker Road, creating traffic problems as they park. Mrs. Fergus said to be sure of a quality construction, specifications should be included on condition 2(c) to ensure good quality. She requested a condition of proper maintenance be included, and that consideration be given to the possibility of an access road. Mr. Antone Medeiros, 10929 Studebaker Road, referred to the traffic problems that will occur and spoke of his concern for the safety of his daughter as she crosses Studebaker Road at the corner of Studebaker and the 605 Freeway Off -ramp, even though the intersection is controlled by a traffic signal. Mrs. Antone Medeiros, 10929 Studebaker Road, stated she is equally concerned with the added traffic that will result from the proposed development. Mayor Winton inquired if Mr. Ingram wished to speak in rebuttal. Mr. Ingram stated the Tic Toc market and Norge Center are specific tenants and the others will be approved by the Planning Commission, He said it was indicated by the residents in the area that they would prefer to have a beauty shop and barber shop in two of the other stores. Referring to the request for a wall between the service station and commercial area, Mr. Ingram said a wall would prohibit the flow of traffic and would prohibit the cars from entering from the north to exit from the south. He stated the free flow of cars between the service station and the commercial area will make the development stand on its own feet financially -rand strengthen the service station at this location. Mr. Ingram commented that there is no need for on -street parking as there is adequate parking for the commercial development and the apartments. Responding to the comment on density, Mr. Ingram stated the density calculates between R-2 and R-3 for the apartment development. He said the Lot is 122 feet deep and would not permit room for a frontage road. Mr. Ingram commented that the applicant has agreed to some changes requested by the Planning Commission with regard to the roof treatment on the carport for the south line next to the R-1 area. He said the develop- ment will be properly maintained and he would have no objection to a written condition being inserted to ensure proper maintenance. Mr. Ingram stated he is confident that the traffic safety will be improved along Studebaker Road, particularly if parking is prohibited on the street in front of the commercial development. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to close the hearing on the conditions to Appeal, Zone Exception Case #1000, Southwest corner Studebaker Road and 605 Freeway Off -ramp. Council Minutes 6/12/72 -5- AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton requested comments from the Planning Director relative to some of the statements made regarding the signs and a condition to ensure proper maintenance. Planning Director Goggin stated that a 50' Arco sign could not be seen by persons traveling either direction on the 605 Freeway in time to allow them to exit and, there- fore, any advertising, done by Arco would have to be institutional advertising for the benefit of people who pass by the station every day. He said the signs approved for the retail businesses were of equal size so that one sign would not dominate the other and all the signs would be easy to read. Mr. Goggin commented that a maintenance condition could be inserted if the Council desired. Mr. Goggin answered questions of the City Council regarding the type of signs to be considered, and he explained that the Planning Commission had conducted studies regarding a sign ordinance and the Commission is not in favor of businesses having signs based on the square footage of a business, inasmuch as this would create an unfair advantage. Discussion followed regarding the height of the Arco sign. Councilman DiLoreto stated more emphasis should be placed on a condition to ensure good quality and construction of the apartments and proper maintenance. Planning Director Goggin responded that a maintenance condition according to the standards of building and safety could be included, however, there is no jurisdiction over construction requirements. City Attorney Sorensen explained that if the City Council desired, it could impose a condition on the construction of the building that would be in excess of the Building Code, but there could not be any building condition requirement less than that required by the Building Code. Councilman Morton recommended a maintenance condition be added and that the traffic safety problem be referred to the Traffic Committee for complete study analysis and recommendation back to the City Council. He stated that this particular planned develop- ment has been proposed in such a way as to present a buffer zone between the apartment development and the residences to the south by way of a parking lot. It was moved by Councilman Morton to approve the conditions on Appeal, Zone Exception Case #1000, Southwest corner Studebaker Road and 605 Freeway Off -ramp, as presented by Staff and the Planning Commission, together with the conditions that he presented, with an additional provision added as item 20, that the developer will maintain the property in accordance with the Building d Safety Codes of the City and shall be subject to inspection at least twice a year. Councilman Morton referred to condition 8 which states "No flags, banners,..:.. shall be permitted", and said he would be the last one to restrict use of the American Flag. Referring to condition 19(h) which states "No flags, banners or the like permitted...." City Attorney Sorensen said "Excepting the American Flag" should be inserted. Planning Director Goggin suggested the word 'advertising' be inserted to read, "No advertising flags......", and the City Attorney replied that would suffice. The motion was seconded by Councilman Jennings, CounciIndiscussion followed regarding the maintenance provision to be included as a condition to this zone exception and any future zone exceptions and the extent of enforce- ment of the provision. City Attorney Sorensen stated if the City Council is desirous of maintenance requirements which are more strict than the present codes, some type of a detailed condition or agreement would have to be worked up and incorporated as a part of the conditions to ensure something more than the minimum standards. He said to state that the property would have to be maintained would indicate that it has to be maintained in accordance with the present codes, and if it isn't maintained, the zone exception could be revoked. Further discussion ensued. Councilman Morton restated .the motion. Council Minutes 6/12/72 -6- Roll call vote: AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 1 Councilmen: DiLoreto ABSENT: 0 Councilmen: None Councilman Morton requested that the entire traffic safety problem for the entire Studebaker Road area be referred to the Traffic Committee for review and recommendation back to the City Council. He further requested that a verbatim transcript of the comments of the citizens relative to the traffic safety be prepared and submitted to the Traffic Committee. (A copy of the transcript is on file in the office of the City Clerk.) Mayor Winton declared a recess at 9:25 p.m. The meeting resumed at 9:38 p.m. with all Councilmen present. Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1051, 11118 Woodruff Avenue. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Planning Director Coggin reported the request is to establish, operate and maintain a Tic Toc market with eight off-street parking spaces and modification of the building setbacks. He said the property is zoned RI-6000f there is a service station to the south of the property and single family homes to the north; Stonewood Shopping Center across the street to the west. He said the rear 70-751 of the property would be unimproved and not used for the operation. Mr. Coggin answered questions of the City Council. Councilman Jennings requested that the land use map be corrected to show the Gibraltar Savings & Loan parking. Mayor Winton inquired of the City Clerk if he had received any correspondence, and the City Clerk replied that a letter had been received from C. J. Stirdivant and C. E. Stirdivant indicating their approval to the zone exception. It was moved by Councilman Morton, seconded by Councilman Temple, and so ordered to receive and file the correspondence. Mayor Winton inquired if there was anyone present who wished to speak in favor of Appeal, :Zone Exception Case #1051, 11118 Woodruff Avenue. Mr. James Santangelo, 8426 DeCosta, Downey, said he would suggest with the modifica- tions to the plan submitted that the proposed commercial development can meet all of the findings of Section 9130.2 of the Downey Municipal Code. He stated the proposed Tic Toc market will be beautifully designed in structure, will carry a full line of groceries, and provide ample parking to offer the customer a pleasant and safe place to shop. He referred to a plat map and stated that the auto leasing business on Firestone Boulevard is proposing to acquire the parcel in back of the Tic Toc market, Mr. Santangelo stated that the Shell Service Station located on the south side of the property has indicated a desire to remove the concrete wall that separates the two parcels, thus helping the flow of traffic exiting the station onto Woodruff. Mr. Santangelo said the auto leasing company located on Firestone will purchase the rear portion of the property from Tic Toc market. He submitted additional information for Council consideration and stated the parcel as proposed will correct the irregular zone line at this location. Mr. Santangelo explained that the residents from Florence to Firestone and from the San Gabriel River to Stonewood are without a small convenience market that would enable them to acquire a few groceries. Mr. Walter Asthmus, 218 36th St., Newport Beach, stated he is the owner of the pro- perty, and although he does live outside the City of Downey, he has made every effort to maintain the property. He said the property is too large to develop as R-1 and is appropriately located for the commercial development of a convenience market. Mr. Albert J. Loganbill, 11012 So. Woodruff, spoke in favor and said the area is a good location for a convenience market. Mr. Jim Folger, 10252 Lesterford Ave., commented that he owns the property located at 11002 Woodruff Ave., and has been authorized to speak also for Mr. and Mrs. Buick, 10928 Woodruff, He spoke in favor of the proposed development. Council Minutes 6/12/72 -7- Mrs. Marjorie Folger, 10252 Lesterford, speaking in favor, stated that due to the location of the property it would be difficult to develop as R-1. She referred to the difficulty Mr. Asthm6s has had in selling the property. Mrs.Marion Loganbill, 11012 Woodruff, statedshe is in favor of the zone exception. Mr.. Robert Dameron, 9053 E. Florence, stated he owns an auto leasing business on Firestone Boulevard, and since he has doubled the size of his office, he is in need of the rear section of the Woodruff property for parking. He said that with a service sta- tion next to the property he feels development should be something other than residential. Mayor Winton inquired if there was anyone else who wished to speak in favor, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Mr. Wallace Hunt, 10933 Cord, stated he represents other property owners on Cord Avenue. He said they are opposed to the development of a Tic Toc market, and he spoke regarding the competition in that area with another market and liquor stores located nearby. He referred to a report of the Traffic Engineer dated March 15, 1972 which states that the least desirable development for property in this area long Woodruff Ave. would be commercial because of the traffic congestion and the noise. Mr. Hunt stated the Stonewood Shopping Center should suffice for the needs of the people in the east Downey area. He spoke of opposition to the encroachment on residential property by the develop- ment of commercial establishments. Responding to a question by Mayor Winton, Mr. Hunt stated he represents at least 20 families on the 10900 block of Cord Avenue, Mayor Winton inquired if there was anyone else present who wished to speak in opposi- tion, and there was no response. He inquired if Mr. Santangelo wished to speak in rebuttal, Mr„ Santangelo stated Tic Toc has better than 80 established markets and are designed for the convenience of those who wish to go in and purchase a few last-minute groceries. He said this location is ideal for the residents who live north of Firestone because it would be inconvenient to travel through Stonewood or to cross Firestone just to pick up a loaf of bread, Mr. Santangelo commented that the Planning CommissionPs decision to allow commercial property to extend back into residential was a wise decision and an attempt to straighten the property lines. He stated to approve this zone exception would straighten the property line completely. Mr. Santangelo took exception to some of the remarks made in opposition and said that some of the people that took exception to R-3 development along Woodruff are in favor of the Tic Toc market. 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 #1051, 11118 Woodruff Avenue. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Councilman Morton remarked that he will not be able to support the request for zone exception for the following reasons: First, the City Council disapproved the development of an apartment complex on the basis that the people in the area requested that the area be kept residential; Second, the property fronts on Woodruff, and once commercial is permitted on Woodruff, where will it stop; and, Third, when Stonewood Shopping Center was initially developed, the citizens in the area were led to believe there would be no further development around the Stonewood area. Councilman Morton stated the Gibraltar Savings d Loan on Firestone does protrude into residential for parking purposes, which forms a buffer, however, Gibraltar°s ingress and egress is onto Firestone. It was moved by Councilman Morton, seconded by Councilman Jennings, and passed by - the following vote to uphold the decision of the Planning Commission and deny Appeal, Zone Exception Case #1051, 11118 Woodruff Avenue. AYES: 3 Councilmen: Jennings, Morton, DiLoreto NOES: 2 Councilmen: Temple, Winton ABSENT: 0 Councilmen: None Mayor Winton declared that this is the time and place for the public hearing on Appeal, Zone Exception Case #1054, Northeast Corner Paramount Boulevard and Orange Street, 12230 Paramount Boulevard. He inquired of the City Clerk if he had the Affidavit of Publication, to which the City Clerk responded in the affirmative, Council Minutes 6/12/72 -8- _"J6 Planning Director Coggin reported the property is an empty lot, is zoned C-1 and the request is to establish, operate and maintain an automobile and truck washing facility with gasolinesales. He said at the Planning Commission meeting the applicant removed the request for the trucking wash. Mr. Goggin stated after deliberation, the Planning Commission denied the case, Mr. Goggin answered questions of the:City Council. He explained the automobile wash consists of the patron using a pressure hose to wash the automobile and then wiping it dry. He said four vacuums will be available and there will be eight gasoline pumps, four to an island. Mayor Winton inquired of the City Clerk if he had received any correspondence, and the City Clerk replied he had not. Mayor Winton inquired if there was anyone present who wished to speak in favor of the Appeal. Mr. Harold Pelton, 4940 Sepulveda Blvd., Culver City, stated he represents Mitters Industries, Inc., who is the developer for Mr. Willie Wong, the owner of the property. He displayed a rendering of the proposed development. He explained that the truck wash was removed because speakers in opposition stated a truck wash would create noise and truck traffic in a residential area. Mr. Felton stated the station is designed to give it a residential affect. He said 9:30 p.m. was the time they would close the station, however, if that is not acceptable they will be willing to close at an earlier time. He spoke of the new trend to create car wash buildings that will be complimentary with gasoline sales. Mr. Felton stated the car wash will be coin operated and no employees will be required except at the gasoline pumps and one attendant to direct the cars through the wash. He said the car wash is automatic, it has a conveyor, and there is no blower. Mr. Pelton explained that the idea is for people to buy gasoline and use the facilities free. He stated there will be no noise since all of the equipment is encased in an equipment room, and the only equipment that will be used which is not audible more than 20 feet away is a pressure spray. He spoke regarding the items that were omitted so as not to create noise in the neighborhood, and he referred to objections made by some of the residents that a car wash station would be deterrent to homes in the area. Mr. Pelton stated the business would be complimentary to the area. Responding to a question by Councilman Temple, Mr. Pelton stated the facility would open at 8:00 a.m. and close at 9.30 p.m. Answering a question. by Councilman DiLoreto regarding the drying of cars, Mr. Pelton explained that a car goes through a wash cycle, a rinse cycle, and a liquid blower (dionizer), which removes all of the minerals and leaves no spots on the car. Mr. Charles Davis, 9901 So. Paramount, Downey, stated he represents Mobil Car Wash accounts for Los Angeles and southern Orange County. He stated it is his contention that Downey is in need of more car washes due to the size of the City. He said there are only two major car washes operating in the City. Mr., Mike Shay, 9901 So. Paramount, Downey, real estate representative with Mobil Oil Corporation, spoke in favor of the zone exception and stated that any sales generated from the sales of gasoline and car washes on the premises would increase the tax base of the City. Mr„ Willie Wong, 11630 Excellsior Dr., stated he is the owner and has been paying a lot of'staxes on the property. He spoke in favor of the zone exception. Mayor Winton inquired if there was anyone else present who wished to speak in favor, and there was no response. He inquired if there was anyone present who wished to speak in opposition. Dr. Leon Birnberg, 12218 Samoline Ave., stated he feels a car wash would downgrade the neighborhood, and the hours specified would be an annoyance to the area. He said he cannot accept the premise that noise would not increase around the car wash. Dr. Birnberg commented that most car washes become messy and stained within two years and he made reference to a prior unsuccessful service station at the subject location. He said noisy car washes devalue adjoining residential areas. Mr. Clifford Fisher, 12239 Samoline Ave., said developers of the proposed car wash do not Live in the community. He stated traffic would increase on Samoline and Melba Streets if the car wash was installed. Council Minutes 6/12/72 -9- Mrs. Vita Birnberg, 12218 Samoline Ave., spoke in favor of denying the request. She cited other car washes in the area. She mentioned defunct oil stations in vicinity. Mayor Winton inquired if there was anyone else present who wished to speak in opposition, and there was no response. He inquired if Mr. Pelton wished to speak in rebuttal. Mr, Harold Pelton stated the operation time would be from 8:00 a.m. to 9:30 p.m. and there would be no noise factor. He said there would be no speakers used of any type. Mr. Pelton compared the success of the service station facility proposed for operation in conjunction with car wash. He said the Lights would not be seen by residents across the - street. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by - the following vote to close the hearing on Appeal, Zone Exception Case #1054, Northeast Corner Paramount Blvd. and Orange St., 12230 Paramount Blvd. AYES: 5 Councilmen: Jennings, NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council discussion followed, Morton, DiLoreto, Temple, Winton It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to deny Appeal, Zone Exception Case #1054, Northeast Corner Paramount Blvd. and Orange St., 12230 Paramount Blvd, AYES: 4 Councilmen: Jennings, Morton, Temple, Winton NOES: 1 Councilmen: DiLoreto ABSENT: 0 Councilmen None Mayor Winton declared a recess at 11:00 p.m. The meeting resumed at 11:13 p.m. with all Councilmen present, Referring to the Minutes of the City Council meeting of May 8, 1972, Page,13, first paragraph, Councilman Jennings requested the addition after the word "access", to read, "from Burns Avenue for parking of a recreational vehicle on property located at 7629 Pivot Street." It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the Minutes of the City Council Meeting of May 8, 1972 with the addition. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen.: None ABSENT: 0 Councilmen: None Communication from County of Los Angeles Road Department regarding Aid to Cities Money for 1972-73, Ordered filed. Communication from Marius Nielsen regarding Resignation from Downey Water Board. It was moved by Councilman Jennings and so ordered to accept the resignation with regrets. Communications from Cities of South E1 Monte, and San. Gabriel, regarding Availability of Registered Voters Lists to Candidates for Municipal Office. After discussion and there being no objections, Mayor Winton stated he would send a letter in support of the proposed legislation. Communication from City of Norwalk regarding Modification of Rules for Under - grounding Existing Utility Lines - P.U.C. Case #8209. Referred to Director of Public Works for further study and report back to the City Council. Communication from State of California Department of Public Works regarding 1972-73 Topics Funds. Ordered filed. Communication from Law offices Mitchell d DiLoreto requesting hearing on Appeal, Zone Exception Case #1055, 8019 Florence Avenue. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to set a hearing on Appeal, Zone Exception Case #1055, 8019 Florence Avenue, for 7:30 p.m., July 10, 1972, in the Council Chamber of the Downey City Hall. Council Minutes 6/12/72 -10- Communication from Downey Community Hospital regarding Approval of Increase of Rates and Salaries for the Fiscal Year 1972-73. City Manager Charles Thompson reported that the request is submitted to the City Council in accordance with the Agreement with the Downey Community Hospital which requires Council approval on matters relative to increases in rates or salaries. He said the average overall increase for room rates and other ancillary services is 5.95%, and the increase for salaries is 5.5%. Mr. Thompson stated it is indicated the increases would be effective at the beginning of the fiscal year, July 1, 1972. Mr„ Robert Keller, Administrator of the Downey Community Hospital, answered ques- tions of the City Council. He explained that benchmark hospital rates are per lease agreement between the Hospital Foundation and the City of Downey. He also stated that the hospital must not be bound to benchmark rate guides. Mr. Keller said that salary increases were necessary to remain competitive with other hospitals in the area and are in line with the guide of the Hospital Association of Southern California. He stated the gross income of the hospital cannot exceed expenses by 10% as per State law. Mr. Keller explained the Hospital Board rate policy and said the excess of income over expense for current fiscal year will probably be over 6% ($439,000). He stated the Board of Directors has passed a resolution calling for major expansion purposes and major replacements. It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by the following vote to approve the Increase of Rates and Salaries for the Fiscal Year 1972-73 as presented by the Downey Community Hospital. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from City of Temple City regarding Opposition to Senate Bill 776 Formation of the Southern California Area Planning Organization proposed by SCAG. Ordered filed, Communication from Edwin Lawrence Oswald extending Appreciation to Officers Dangerfield and Davis, Downey Police Department, Ordered filed. Communication from Planning Commission regarding Report and Recommendations on the General Plan. Referred to Mayor Pro Tem Morton and Councilman Jennings as a liaison review committee to bring back a report and final summation on the recommendations from the Planning Commission, Councilman Jennings indicated that he will be leaving on vacation Wednesday, June 14th, and will not return until after the 4th of July. LEGAL CLAIMS (for information only) Ref. #062, Betty A. Cook LEGAL CLAIMS (for Council action) Ref. #039, Billy Tucker Ref. #040, Calvin Sullivan Ref. #041, Donald Bogard Ref. #057, Gerald Sesslin Ref. #058, Richard Gonzales Ref. #059, Donna Padilla Ref, #060, William H. Welsh Ref. #061, Jon R. Garcia It was moved by Councilman Temple, seconded by Councilman Morton, and passed by the following vote to deny each and every one. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Communication from Walter Stuetz, General Manager, Del Rio Lanes, regarding Name Change in Bowling Leagues and Palm Springs Tournament. Mayor Winton stated if no objections, it would be known and declared by the Mayor of Palm Springs as the "City of Downey Tournament". Council Minutes 6/12/72 -11- RESOLUTION NO, 2686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 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 Temple, and passed by the following vote to adopt Resolution No. 2686. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING A CHANGE IN POLICY WHEREBY FEDERAL AGENCIES WILL NOT PRE-EMPT HOME RULE THROUGH PROCEDURES WHICH CONFLICT WITH STANDARDS ADOPTED BY LOCAL GOVERNMENT The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman Temple, and so ordered to waive further reading. Mr, Ray Lake, Director of Building & Safety, commented that the Federal Government is intervening with local building codes. He said the Resolution would strengthen Home Rule. Mr. Lake stated Federal Codes tend to downgrade Local building codes. He said a case in point is the use of Romex electrical conduit, which is considered unsafe. It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to adopt Resolution No, 2687. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The City Clerk was directed to send a copy of the Resolution to the local repre- sentatives, State Senators and Congressmen. RESOLUTION NO. 2688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT BY THE MAYOR OF A MEMBER TO THE DOWNEY COMMUNITY HOSPITAL AUTHORITY COMMISSION 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. 2688. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. 2689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF JOE DAVIS AS A MEMBER OF THE WATER BOARD The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Morton, seconded by Councilman Temple, and passed by the following vote to adopt Resolution No. 2689. AYES: 4 Councilmen: Morton, DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None Council Minutes 6/12/72 -12- Clarifying his "no" vote, Councilman Jennings stated that he does not know -Mr. Joe Davis, however, he assumes he is perfectly qualified to serve on the Water Board, He said he does object to the method in the City of removing well -qualified people from Boards due to changes in the City Council. Mayor Winton commented that he voted in favor of Resolution No, 2688. However, in appointing Mrs, Priscilla Dunnum to the Hospital Commission he noted that an existing member of the Commission, Demos Shakarian, was appointed by Mrs. Dunnum while she was serving as Councilwoman, RESOLUTION NO. WS-794 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. 50881 - 51396, $211,438,66 -- PAYROLL) 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 Temple, and passed by the following vote to adopt Resolution No. WS-794. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None RESOLUTION NO. WS-795 A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF DOWNEY ALLOWING CERTAIN CLAIMS AND DEMANDS AND CERTIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID (NO. 19742 - 19976, $208,878.54) The Resolution was read by title only. It was moved by Councilman Temple, seconded by Councilman Jennings, and so ordered to waive further reading. It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by the following vote to adopt Resolution No. WS-795, AYES: 5 Councilm.en: .Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Morton, seconded by Councilman Jennings., and passed by the following vote to award Cash Contract #297, Miscellaneous Repairs, in the amount of the unit prices bid, to Silveri & Ruiz Construction Company, the lowest and best bidder, and waive the Bid Bond irregularity. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to award Cash Contract #312, Cheyenne Avenue from Paramount Boulevard to Downey Avenue, in the amount of the unit prices bid, to Damon Construction Company of Paramount, the lowest and best bidder, and waive the irregularity of the Bid Bond, AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Winton described the contents of the proposed Council Rules and Brochure for Council Meetings. Council discussion followed regarding the proposed Council Rules and the procedures involved. Objections were noted. Discussion then followed regarding the proposed Brochure. Councilman Jennings asked if the information could be printed in the Communicator. Mayor Winton stated it is Council Minutes 6/12/72 -13- Z possible, however, he felt the rules should be available for the people as they entered the Council Chamber because a question exists regarding the Communicator coverage. Mayor Winton inquired if one -page information sheets would be agreeable with the City Council. The Councilmen were agreeable to publishing information sheets for availability at Council meetings. So ordered. It was indicated that a letter from the City Manager to the City Council regarding , Senate Bill 262 will be included on the next City Council Meeting Agenda. ORAL COMMUNICATIONS Mr. Walter G. O'Connell, 9254 Birdvale Dr., spoke on the proposed Rules for Council meetings. He voiced intentions to object to the Rules and Regulations proposed by the Mayor, and he commented that Robert's Rules of Order would not apply to a City Council meeting„ Mr. O'Connell explained the procedures that can be prepared by a Rules Committee. Mrs. Betty Kilpatrick, President of Board of Education, Downey Unified School District, referred to Senate Bill 194 introduced by Senator David Roberti and Senate Bill 268 introduced by Senator Alfred Song regarding Reimbursement to Schools alongside Free- ways and Access Roads Due to Noise above 55 Decibals. She said Downey Schools adjacent to the 105 Freeway will benefit by passage of Senate Bill 194 whichpertains to public schools,. (Senate Bill 268 applies to private schools.) She urged City Council support. Mrs. Betty Kenley, 9028 Manzanar, told the City Council that she appreciates the thought of putting out an information sheet for people attending the City Council meet- ings. She suggested that the sheet should also include total budget on graph and commented on the City of Santa Barbara agenda. Mr. Wendell Wiser, 10921 Paramount Blvd., tendered his resignation from the Safety Committee, and he suggested that a Councilman serve on the Committee instead of a layman. Mr. Ken Miller, 7336 Cleargrove Dr., commented on the proposed Council Rules and procedures. He said the use of a sign -in card is a good idea. He also favored night Council meetings entirely., Councilman Morton reported on theappointmentof Mr. Nello-di Corpo'.to the Traffic Committee representing District 4. Councilman Jennings stated he would like to be excused from the next City Council meeting; that he will be on vacation. Councilman DiLoreto commented that if the City Council is planning to submit recommendations of appointment to the Apartment Committee and if they could be submitted in the next week or so, it would be deeply appreciated. There being no further business to come before the City Council, the meeting was adjourned at 12:35 a.m. R B� ERT L. SHAND,- CITY CLERK i DONALD H. WINTON, MAYOR Council Minutes 6/12/72 -14- OMMISSION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 12, 1972 On Page 10 regarding Approval of the Council Minutes, the motion reads: It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the Minutes of the City Council Meeting of May 8, 1972 with the addition. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None The motion should read: It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by the following vote to approve the Minutes of the Regular City Council Meeting of May 8, 1972 with the addition• Special City Council Meeting of May 15, 1972• Recessed Cit Council Meeting of May 23 i72; and Adjourned City Council Meeting of May 26, 1972. AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Robert L. Shand, City Clerk