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HomeMy WebLinkAboutMinutes-10-24-72-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 24, 1972 T A B L E O F M I N U T E A C T I O N S gTTMECT e Minutes; Council Meeting of-10/9/72 Appeal, Z.E. Case #1072, 8049 Otto St. Resolution #2738, Establishing Downey -Guadalajara Sister City Association Fee for subdivision (12250-12268 Orizaba) Legal Claims (for information) Ref. #057, Gerald Sesslin Ref. #074, Daniel T. Fox Ref. #075, Auto Club of Southern California Ref. #076, Jimmy M. Mendez Legal Claim #074, Daniel T. Fox Ordinance #426, Amending Sections of DMC Relating to Business Licensing Resolution #2736, Modifying Select System of Streets by Certain Additions or Deletions Resolution #2737, Consenting to Establishment of Portion of Garfield Avenue as part of System of County Highways Participation Agreement, Garfield Avenue TOPICS Project Garfield Avenue TOPICS Project - Plans & specs Garfield Avenue TOPICS Project - Authority to advertise for bids Garfield Avenue TOPICS Project - Appropriation Resolution #WS-814 (Payroll) Resolution INS-815 (B Warrants) CC #SS-264, SW Corner, Firestone Blvd./Old River School Rd. - Negative finding on Environmental Impact Report; plans & specs; authority to advertise CC #325, Nature Museum @ Wilderness Park - Plans & specs & authority to advertise CC #317, True Ave. bet Blandwood Rd. & Telegraph Rd. - Award of contract CC #248, Wilderness Park Preliminary Site Grading - Acceptance of improvements CC #297, Miscellaneous Repairs - Acceptance of improvements CC #318, Unit 1, Pangborn Ave. - Acceptance of improvements CC #327, Downey Rio Hondo Golf Course Irrigation System - Plans & specs; authority to advertise Page 1 of 2 ACTION Approved Approved Adopted as revised Approved No action Denied Adopted Adopted Adopted Approved Approved Granted Approved Adopted Adopted Approved PAGE NO. 1 2 2 2 Approved, subject to submission of Environmental Impact Report Approved Approved Approved Approved Approved 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 6- COUNCIL MINUTES, OCTOBER 24, 1972 TABLE OF MINUTE ACTIONS SUBJECT• Sidewalk Matching Funds Yield Sign Removal, Ryerson Ave. at Benares St., Julius Ave. at Luxor St. Agreement for Golf Course Maintenance Request for Driveway Apron at 8040 Cheyenne Ave. Tentative Tract #20796 Subdivision - Environmental Impact Statement having less than trivial effect Haunted house operation, Ratliffe St, Zone Exception Case #954, Corner Florence & Haledon - Issuance of permit providing it meets all requirements except time limit Page 2 of 2 ACTION: PAGE NO. Approved 6 Approved 6 Approved 6 Taken under submission & Ref. to planning & Public Works 7 Approved 7 Staff requested to check area 8 Approved 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 24, 1972 The City Council of the City of Downey held a regular meeting at 8:00 a.m., October 24, 1972, in the Council Chambers of the Downey City Hall, Mayor Pro Tem Thomas H. Morton presiding, PRESENT: Councilmen: Jennings, DiLoreto, Morton ABSENT: Councilmen: Temple, Winton ALSO PRESENT: Donald B. Robison, Assistant City Manager Mark Allen, Acting City Attorney Ervin Spindel, Director of Public Works William A. Goggin, Director of Planning James D. Ruth, Director of Parks d Recreation Ray Lake, Director of Building & Safety Robert W. Gain, Fire Chief Loren D. Morgan, Police Chief Donald Warren, Deputy Fire Chief Russ K. Reynolds, Purchasing Agent Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Kenneth Peterson, Christ Lutheran Church, followed by the Flag Salute led by Mr. Bill Reed of the Downey Call Enterprise. With the assistance of Mayor Pro Tem Morton and Sharon Ringo, Miss Public Works, Public Works Director Spindel presented 'Zero, Defect Quarterly Awards to Kenneth Sem, Sub -Foreman, Physical Services Division, and Katherine Holtzclaw, Executive Secretary, Water Division; It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to approve the Minutes of the City Council Meeting of October 9, 1972. Communication from City of Lodi regarding Ordinances Urging Prosecution on Drug Abuse. Ordered filed. Communication from Public Utilities Commission regarding Investigation into Methods of Compliance with the Environmental Quality Act of 1970. Ordered filed. Communications from Public Utilities Commission regarding Joint Applications of uthern California Gas Company and Pacific Lighting Service Company for Adjustment of tes to Reflect Costs Incurred by Gas Exploration. Ordered filed. Communication from Chamber of Commerce regarding Quarterly Report, July 1 - September 30, 1972. Ordered filed. Communication from City of Glendora regarding Endorsement of Anti -Obscenity Legislation - Proposition 18. Ordered filed. Communication from City of Buena Park expressing Commendation and Appreciation for Assistance provided by Downey Police Department. Ordered filed. Communication from Planning Commission reporting on Zone Exception Case #1072, 8049 Otto Street, Planning Director Coggin reviewed the ease and stated the Planning Commission has voted to uphold its decision on this matter. He said the only change requested is that the Plot Plans and elevation be dated September (nth, inasmuch as there has been a revision submitted. Mr. Robert J. Chancellor, 8049 Otto St., representing the applicant, stated the applicant is opposed to the first of 10 conditions proposed by the Planning Commission. Referring to condition #5 concerning the revision made by the City Council with regard to the stairway, Mr. Chancellor said the applicant is in agreement with the condition as presented by the Planning Commission. Discussion followed. Council Minutesl0/24/72 -1- It was moved by Councilman Jennings, seconded by Councilman DiLgreto, and passed by the following vote to overrule the Planning Commission and adhere to the previous decision of the City Council to approve Appeal, Zone Exception Case #1072. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen; None, ABSENT: 2 Councilmen: Temple, Winton Mr. Scott Temple., 12249 South Rives Avenue, Downey, former Mayo; and Councilman, representing the Sister City Association, addressed the City Council and presented copies of a proposed Resolution regarding the Sister City Association, He noted various changes contained in the Resolution. After discussion between the Acting City Attorney and Mayor Pro Tem Morton, it was noted in Section 1 where it refers to the Sister City Program, the word "Program" should be changed to "Association" for clarification. RESOLUTION NO. 2738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A DOWNEY-GUADALAJARA SISTER CITY ASSOCIATION The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 2738 as revised. AYES: 3 Councilmen: Jennings, DiLoreto, Morton. NOES: 0 Councilmen; None ABSENT: 2 Councilmen: Temple, Winton Mayor Pro Tem Morton referred to a letter from Mr. Robert Wagner requesting permission to address the City Council. Mr. Robert Wagner, 8403 Seventh St., requested relief from a fee of $1772.89 imposed by the City in conformance with the Downey Municipal Code as a result of subdividing his property into five lots. He said he has put in all of the improvements required by the City, Mr. Wagner stated inasmuch as dividing property into four lots is not considered a subdivision and would not require an additional fee, he would request the City Council give consideration to imposing a fee of $354.48, which is one -fifth of $17.72.89. Responding to questions by Councilman Jennings, Planning Director Coggin explained that under a lot split, which is four lots or less, the City would require the same improvements that are put in under a subdivision, which is five lots or more. He said the City worked with Mr. Wagner and by agreeing and working out a parcel map, he was saved additional engineering costs which are inherent to a normal subdivision. In further explanation, Mr. Coggin stated in order to get approval for a parcel map, the intent of the ordinance is that all physical improvements are in, and Mr. Wagner put in the improvements prior to the parcel map. Answering questions by Councilman DiLoreto, Mr, Coggin said the fee for the sub- division is imposed at the time of approval of the parcel map and is based upon a regular schedule proportionate to the number of lots per acre; that had Mr. Wagner sub- divided into more than five lots, the fee would be a larger amount. Discussion followed. It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote to approve the fee of $354.58 for subdivision (12250-12268 Orizaba). AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton LEGAL CLAIMS (for information) Ref. #057, Gerald Sesslin Ref. #074, Daniel T. Fox Ref. #075, Auto Club of Southern California Ref. #076, Jimmy M. Mendez Council MinuteslO/24/72 -2- Acting City Attorney Allen suggested that the City Council reject Legal. Claim #074 in order to free the claimant to file action before the money can be released. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to deny the legal claim of Daniel T. Fox, Ref. #074. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton ORDINANCE NO, 426 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 6209, 62102 6236.17 6253(d), AND 6254 OF CHAPTER 2, ARTICLE VII, OF THE DOWNEY MUNICIPAL CODE RELATING TO BUSINESS LICENSING The Ordinance was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to adopt Ordinance No. 426. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY MODIFYING THE SELECT SYSTEM OF STREETS BY CERTAIN ADDI- TIONS OR DELETIONS The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to adopt Reg6iut£on No. 2736, AYES: 3 Councilmen: Jennings, DiLoreto, 'Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton RESOLUTION NO. 2737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CONSENTING TO ESTABLISHMENT OF PORTION OF GARFIELD AVENUE WITHIN SAID CITY AS A PART OF THE SYSTEM OF COUNTY HIGHWAYS OF THE COUNTY OF LOS ANGELES The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No. 2737. AYES: 3 Councilmen: Jennings, DiLoreto, ,Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded,by Councilman DiLoreto, and passed by the following vote to approve the Participation Agreement on Garfield Avenue TOPICS Project and authorize the Mayor to sign. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote to approve plans and specifications on Garfield Avenue TOPICS Project. Council Minutes 10/24/72 -3- AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to grant authority to advertise for bids on Garfield Avenue TOPICS Project, AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen_: Temple, Winton It was moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by the following vote to appropriate $1800 from Account #26-16133 as the City's share of Garfield Avenue TOPICS Project, AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton RESOLUTION N0, WS-814 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, 56291 - 56816, $2217043.01 -- PAYROLL) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to adopt Resolution No, WS-814, AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton RESOLUTION N0, WS-815 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, 21803 - 21966, $78,020.71) The Resolution was read by title only. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and so ordered to waive further reading, It was moved by Councilman Jennings, seconded by Councilman. DiLoreto, and passed by the following vote to adopt Resolution No, WS-815, AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton Cash Contract #SS-264, S/W Corner, Firestone Blvd,/Old River School Road Responding tb-a question by Councilman Jennings regarding the necessity of an Environ- mental Impact Report, Acting City Attorney Allen commented if it is determined the project would have a significant effect on the environment, the City Council should not call for bids, and should it be determined it would not have a significant effect, the City Council should make that finding. He said City Attorney Sorensen, with the Department of Public Works, has worked out a schedule of the items that would not have a significant effect on the environment; that should the City Council desire to make a finding on this project, it would be appropriate. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to make a negative finding on the Environmental Impact Report, approve plans and specifications, and grant authority to advertise for bids on Cash Contract #SS-2649 S/W Corner,Firestone Blvd,/Old River School Road, Council Minutes 10/24/72 -4- AYES: 3 Councilmen; Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton Cash Contract #325 Nature Museum at Wilderness Park Public Works Director Spindel explained an Environmental Impact Study has been prepared to present to the Planning Commission at its next meeting on the entire Wilderness Park project, He said it would be presented to the City Council at the time of awarding the contract. It was moved by Mayor Pro Tem Morton, seconded by Councilman DiLoreto, and passed by the following vote, subject to an Environmental Impact Report being submitted to the City Council, to approve plans and specifications and grant authority to advertise for bids on Cash Contract #325, Nature Museum at Wilderness Park. Discussion followed regarding soil tests that were made, as well as the amount budgeted for this fiscal year for the Wilderness Park project. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton Following a summation of bids, it was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to award Cash Contract #317, True Avenue between Blandwood Rd. and Telegraph Rd., in the amount of the unit prices bid, to Sully -Miller Contracting Co, of Long Beach, the lowest and best bidder, and to reject all other bids. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Mayor Pro Tem Morton, and passed by the following vote to accept the improvements completed in conjunction with Cash — Contract #248, Wilderness Park Preliminary Site Grading, and the responsibility for maintenance thereof. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #297, Miscellaneous Repairs, and the responsibility for maintenance thereof. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to accept the improvements completed in conjunction with Cash Contract #318, Unit 1, Pangborn Avenue, and the responsibility for maintenance thereof. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton Cash Contract #327, Downey Rio Hondo Golf Course Irrigation System Responding to questions by the City Council, Public Works Director Spindel stated the plans for the irrigation system submitted by the consultant have been reviewed to see if it is a workable system, and it has been determined that it is. However, he said, the estimates have not been reviewed as yet. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #327, Downey Rio Hondo Golf Course Irrigation System. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton Council Minutes 10/24/72 -5- Mayor Pro Tem Morton stated Mr. Morris Brown may meet with the City Attorney, Building d Safety Director Lake and Planning Director Goggin. Mayor Pro Tem Morton declared a recess at 9:05 a.m. The meeting resumed at 9:14 a.m., with Councilmen Jennings, DiLoreto, Morton present; Councilmen Temple and Winton absent. It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Add, Tess City Cost 161 8744 Donovan Street $ 446.00 162 7818 Brookmill Road 78.00 163 8731 Alameda Street (Marbel Avenue frontage) 222.00 164 8614 Cavel Street (Patton Road frontage) 141.00 165 9022 Hasty Avenue 98.00 166 9222 Sideview Drive 95.00 167 8138 Cole Street (Orizaba Avenue frontage) 258.00 168 9203 Sideview Drive 98.00 169 9252 Sideview Drive 591.00 Total Estimated City Cost $ 2,027.00 Councilman Jennings requested a memorandum from the Public Works Director to the City Council regarding the entire cost to the City to date for Sidewalk Matching Funds, since inception of the program, including the Street Lighting Program. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to approve Yield Sign Removal, Ryerson Avenue at Benares Street, 3ulius Avenue at Luxor Street, and pavement markings at the subject intersections. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote to approve Agreement between City of Downey and 2eke Avila and Sons for Golf Course Maintenance and authorize the Mayor to e:tecute on behalf of the City. AYES: 3 Councilmen: Jennings, DiLoreto, Morton NOES: 0 Councilmen: None ABSENT: 2 Councilmen: Temple, Winton CITY MANAGER'S REPORT Assistant City Manager Robison commented on a Request £or Driveway Apron at 8040 Che�nne Avenue, which was verbally submitted by Mr, Westerman at the City Council meet - in, of October 9th. He said it has been the City's policy not to approve construction of a driveway unless it leads to a proper parking area. The following alternatives were submitted for Council consideration: a. Hold Mr, Westerman's case in abeyance until the Code may be amended and a variance considered, b. Under the present ordinances, Mr. Westerman could file for a zone exception to construct the driveway. c. Order the driveway next door to be closed. Councilman Jennings stated he is not in favor of the alternatives proposed, and if the driveway apron next door to Mr. Westerman was put in by mistake of the City, then the City should remove it. Council Minutes 10/24/72 -6- Councilman DiLoreto commented there are problems with getting into the garage area located behind Mr, Westerman's home, inasmuch as the alley is narrow. He suggested that the City Council take this matter under submission and proceed with an ordinance which would give the City the authority to act in cases of hardship. Discussion followed. Acting City Attorney Allen said if the City Council adopts an amendment, the owner of the other driveway could be notified that the City will close the driveway unless he applies for a permit, which would avoid the physical problem of doing and undoing the driveway. There being no objections, it was so ordered to take the matter under submission and refer it over to Planning Director Goggin and Public Works Director Spindel. ORAL COMMUNICATIONS Mr. Phil Walsh, 402 North Highland, Fullerton, owner of Tentative Tract #20796, requested the City Council to approve the map today that was taken under submission at the last Council meeting. Planning Director Goggin stated an Environmental Impact Statement has been submitted by the applicant to the Planning Commission and has been referred to the City Attorney. Acting City Attorney Allen spoke regarding City Attorney Sorensen's opinion on the Environmental Impact Statement. He said it is Mr. Sorensen's opinion that the Statement proposed is an appropriate basis if the City Council would be inclined to find that there would be no significant effect on the environment, but that the Statement does not meet the requirements of an Environmental Impact Report under the State law. Mr. Allen read the Statement as presented by the applicant, Mr. Allen suggested that if the City Council desires it would be appropriate to accept the Environmental Impact Statement, order it filed, and by motion determine that the proposed 52-unit condominium will rot have a significant effect on the environment. He said he is not, however, in a position to advise the Council whether or not this development will have a significant effect or the environment. Planning Director Goggin stated since the building permit has been issued for a 52-unit apartment house, which was approved and designed to conform to condominium approval, he does rot feel there would be anymore impact whether these were rental or ownership units. However, he said, ownership units would have less impact than an apartment house because there would be a guarantee of maintenance. It was moved by Councilman Jer_rirgs, seconded by Mayor Pro Tem Morton, and passed by the following vote to accept the Environmental Impact Statement as having Tess than a trivial effect on the environment and approve the subdivision of Tentative Tract #20796. Councilman DiLoreto stated in his opinion the Environmental Impact Report addressed itself to only two of the six issues raised by the Supreme Court. Acting City Attorney Allen mentioned that if the City Council does make a finding that this will not have a significant effect on the environment, an Environmental Impact Report will not be needed, He said it is Mr. Sorensen's view, as well as his own, that the Statement submitted does not meet the requirements of an Environmental Impact Report. Discussion followed. Roll call vote: AYES: 2 Councilmen: Jennings, Morton NOES: 1 Councilmen: DiLoreto ABSENT: 2 Councilmen: Temple, Winton Mr. Norman E. Horney, 9102 Angell St., Downey, addressed the City Council in protest to a permit that was issued to Campus Life to operate three haunted houses on Ratliffe Street in Downey. He said the houses are owned by the State and any use authorized by the State in the City, in his opinion, would be in violation of the Agreement between the City and State. Mr. Horney referred to the various traffic violations that have occurred, as well as existing litter and damage to shrubbery. Council Minutes 10/24/72 -7- Councilman DiLoreto explained he had been informed by the City Manager that a letter was sent to the person in charge of the haunted house exhibit, advising the City had no objection on the basis the pity ?:ad Rio authority to intervene, Mr. Horney requested some of the City Departments to view the area, Police Chief Morgan commented he had a complete file of letters written on this matter, and Mr, Thompson's Letter agreed to the use under conditions approved by the State that it in no way affect the Agreement between the City and State, Mr, Horney requested the City Attorney look into the matter, Mayor Pro Tem Morton requested the Chief of Police, Public Works Director, and Building & Safety Director to check the area, Mr, Morris Brown, 1019 Carroll, Los Angeles 90069, stated he purchased the property at the corner of Florence and Haledon, and under Zone Exception Case #954, a 42-unit apartment building was approved for construction an the property. He said he requested the 42 units be reduced to 36; that he received approval from the Planning Department and at the same time was informed his plans must be ;' rT, ..u,.m_tted nrior to tb.e expiration date of September 16th. Mr. Bros, explained he submi* ed :he plans on hae;ast 10th, however, the plans were not given back to him of the oSan the t.- until September l9th,, three days after the expiration date.. tie said ne made tTfie necc-ssary corrections and re- submitted the plans, at which time he was Informed a permit. could, not be issued inasrrjch as the date had expired, and he asked If anvthinC could e clone, Acting City Attorney Allen spoke regarding his diS_uSSion during recess with Mr. Brown, the Planning Director, and Building & Safety Director, He said he had advised the Building Director and Planning Director that if plans are submitted prior to the date and if the plans are in perfect order, the applicant is entitled to his permit, ndtwithstanding the fact the department doesn't get around to checking them. Discussion followed, It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by the following vote that a permit be issued under Zone Exception Case #954, corner of Florence and Haledon, providing it meets all of the requirements except the time limit. Mayor Pro Tem Morton stated he is not in accord with the project' inasmuch as 36 units will overdensify the area However, he said, under the circumstances, it appears this matter was not properly handled, Mayor Pro Tem Morton inquired if this project would require an impact study,. Acting City Attorney Allen commented that all the City Council needs to concern itself with is the time limit. He said the question of whether the apartment house of 36 units requires an Environmental Impact Report depends on whether it will have a significant effect on the environment and is not resolvable as a legal matter, but is a factual matter, Mr. Allen stated it would be appropriate for the City Council to make a determination that it does or does not effect the environment, He inquired regarding the City's procedure for issuing permits. Building & Safety Director Lake responded permits are issued in conformance with resolutions passed by the City Council, and a statement is printed across the top of the permit stating the permit is issued in conformance to the resolutions, Acting City Attorney Allen said under City practices if the Council waives the time limit the environmental impact question will still have to be processed -#fi the customary manner, Mayor Pro Tem Morton remarked that in his opinion there is an environmental impact, inasmuch as this project is contiguous to a re8idential area. Speaking to the matter of the time limit, Mayor Pro Tem Morton said the plans were submitted within the time specified and the fact they were not acted upon in time was not Mr. Brown's fault, however, the project is subject to an environmental impact study. Roll call vote: AYES: 3 Councilmen: NOES: 0 Councilmen: ABSENT: 2 Councilmen: Jennings, DiLoreto, Morton None Temple, Winton Council Minutes 10/24/72 -8- Planning Director Goggin commented by Thursday proposed guidelines for an impact study will be submitted to the City Attorney. He said if approved by the City Attorney, they will be submitted to the Planning Commissio4 for approval. Mr. Goggin commented if the guidelines are approved, then there will be a basis for submitted 'Environmental Impact Reports. There being no further business to come before the City Council, the meeting was adjourned at 10:05 a.m. ROBERT L. SHAN , CITY CLERK DO AL�1 D H. WSNTONa MAYOR Council Minutes 10/24/72 -9-