HomeMy WebLinkAboutMinutes-12-11-72-Regular MeetingMINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DECEMBER 11, 1972
T A B L E O F M I N U T E A C T I O N S
SUBJECT: ACTION: PAGE NO.
.Appeal, Z,E, Case #1091, 7214 Glencliff Dr. Upheld & referred to Plan.
Comm, subject to conditions 1-3
- Z,E. Case #1091, 7214 GLencliff Dr, - To
remove fence in public r/w Approved 3
Minutes: Addendum, 11/13/72; Regular meeting
11/28/72; Adjourned meeting 11/28/72 Approved 3
Appointment of Matt Midgett to Health & San, Comm, Approved 3
Request for hearing on Appeal, Z.E. Case #1088, Approved -
10326-40 Downey Ave,. Set for 1/8/73 3
Appeal to decision of Plan. Comm, re EIR, Z.E.
Case #1088, 10326-40 Downey Ave, Set for 1/8/73 4
City Manager's Report & recommendation re Council
continuing to require EIR's on discretionary
actions Accepted 4
Request of Downey Civic Chorus re Underwriting
cost of Guest Director, Choral Festival Denied 4
Request for hearing on Appeal, Z.E. Case #1096, Approved -
Imperial Hwy. & 12580 Brookshire Ave. Set for 1/8/73 4
Legal Claims (for information only)
Ref. #085, Richard L. Gruenhagen No action 5
Ordinance #428, Amending Sec. 7319 & 7319.1 DMC
re Water Service Deposits Adopted 5
Ordinance Amending Sec. 2712 DMC re Suspension
of Personnel Introduced with change 5
Ordinance Amending Sec, 7133 DMC re Fees for
Excavation Permits Introduced 5
Resolution #2752, Establishing Trust Fund in
City Treasury for Payments Received under "State
&, Local Fiscal Assistance Act 1972" to be
deposited. Adopted 6
Resolution #WS-822 (Payroll) Adopted 6
Resolution #WS-823 (B Warrants) Adopted 6
CC #SS-264, SW Corner Firestone Blvd, & Old
River School Rd., - Award of contract Approved 6
Purchase Contract #175 - Telemetering
Acceptance of improvements Approved 6
Chapter 27 Procedures: Accept Rept. Dir. P.W.;
City absorb engineering & administration costs;
make funds available for R-1 & R-2 zones; adopt
procedures Approved 7
Auth. Dept. Public Works initiate Chapter 27
proceedings, 12280-92 Orizaba Ave. Approved 7
D,I.P. #636, Pivot St, & Koopman Ave. - Auth.
Dept. Public Works prepare est. cost &
negotiate for R/W Approved 7
Page 1 of 2
TA.B E OF MINUTE ACTIONS
C0-KIL .MINUTES DECEMBER 11, 1972
S7-1JECT
Report on Old River School Road Relief Trunk
Sewer, Section 3 and 5
Appeal to EIR, Z.E. Case #954, NE Corner
Florence and Haledon
— Current status of Sign Ordinance and Planning
Department projects - Direct staff to submit
recommendations re consultants
City Dept. Head automobiles on mileage reim-
bursement basis or monthly allowance
Aerial Surveillance Program
Attendance of Chairman & Vice Chairman of
Sanitation & Health Comm. at Noise Control &
Enforcement work shop 2/1/73
Coa-mittee to study objectives of citizen
conn.ittees for possible consolidation
Page 2 of 2
ACTION:
No action
Mr. McAlister's letter
received & filed
Approved
Request for comparison
by Councilman Jennings
Request for committee
Approved
Appointment by Mayor
PAGE NO.
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DECEMBER 11, 1972
The City Council of the City of Downey held a regular meeting at 7:30 p.m.,
December 11, 1972, in the Council Chambers of the Downey City Hall, Mayor Donald H.
Winton presiding.
PRESENT: Councilmen: Jennings, Morton, Temple, Winton
ABSENT: Councilmen: DiLoreto (arrived at 7:35 p.m.)
ALSO PRESENT: Charles-W. Thompson, City Manager
Donald B. Robison, Assistant City Manager
Royal M. Sorensen, City Attorney
Ervin Spindel, Director of Public Works
William A. Goggin, Director of Planning
Richard D. Patton, Director of Finance
James D. Ruth, Director of Parks & Recreation
Ray Lake, Director of Building & Safety
Loren D. Morgan, Police Chief
Donald Warren, Acting Fire Chief
Harald J. Henriksen, City Engineer
Robert L. Shand, City Clerk
Judy McDonnell, Executive Secretary
The Invocation was Led by Dan Folden, Associate Minister, Redeemer Covenant Church,
followed by the Flag Salute led by Councilman Morton.
Councilman DiLoreto arrived at the meeting at 7:35 p.m.
Mayor Winton declared that this is the time and place for the public hearing on
Appeal, Zone Exception Case #1091, 7214 Glencliff Drive. He inquired of the City Clerk
if he had the Affidavit of Publication, to which the City Clerk responded in the
affirmative.
Planning Director Goggin stated the request is to establish and maintain a paved
parking area for a trailer and 'to maintain a 52=6' fence, both in the front yard setback
area, which has been denied by the Planning Commission. He presented a map showing how
the Commission felt the problem could be solved by allowing parking for a trailer in the
sideyard setback area, Mr. Goggin answered questions of the City Council.
Mayor Winton inquired of the City Clerk if he had received any correspondence on
the matter, 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. Richard W. Albrecht, 7214 Glencliff Drive, the applicant, stated his request is
to maintain and rebuild when necessary a pre-existing 52-6' fence on the west property
line that extends to within 12' of the curb line and to maintain the present appearance
and condition of the front yard. He referred to sections of the Downey Municipal Code
and to zone exceptions and variances granted in the surrounding neighborhood that have
allowed property owners to build into the setback areas. Mr. Albrecht also referred to
fences in the area that are permitted to remain as non -conforming uses until a complaint
is lodged. He said the fence in question was built 20 years ago to provide screening
and protection from the undesirable view of the Flood Control Settling Basin. Mr.
Albrecht submitted a copy of a letter dated October 27, 1972, signed by 20 residents in
favor of the zone exception.
Mrs. Darryl Watson, 7223 Glencliff Drive, spoke in favor of the zone exception and
submitted letters from two citizens who were unable to attend the meeting, a Mrs.
Clairyce Emerson and a Mr. Alfred Prough. She concurred with the comments of Mrs, Emerson,
Mr. Clark MacGillivray, 6789 Dos Rios Road, spoke in favor of the appeal. He said
allowing the fence to remain standing will m t be detrimental to the neighborhood; that
there are a number of other fences of similar nature within a few blocks radius of the
subject property; and that possibly this particular case is the result of a neighborhood
feud.
Mr. John Kimberly, 6779 Dos Rios Road, concurred with Mr. MacGillivray.
Mayor Winton inquired if there was anyone present who wished to speak in opposition,
and there was no response.
Council Minutes 12/11/72 -1-
Mr, Albrecht said a denial of his appeal will place an unnecessary hardship and
burden on his family,
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by
the following vote to close the hearing on Appeal, Zone Exception Case #1091.
AYES. 5 Councilmen- Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen.- Nome
ABSENT.- 0 Councilmen- None
Councilman Morton inquired if the fence conformed to County zoning at the time it
was built, Planning Director Goggin replied that as far as he has been able to determine
the fence was illegal when the subdivider built it. He said the subdivision would have
been subject to County inspection, and there is no record of any modification within the
subdivision approval to allow for the fence,
In further explanation., Mr. Coggin stated when the fence was erected, there was a
vacant lot to the west owned by the County and no objections were made to the fence. Now,
the property to the west has been developed with a single family residence.
Discussion followed and questions were raised regarding the fence being erected in
conformance to existing County ordinances at that time. Mr. Coggin explained construc-
tion of a residence would be a building code matter and construction of a fence would be
a zoning matter,
It was moved by Councilman Temple and seconded by Councilman DiLoreto to uphold the
appeal to Zone Exception Case #1091 and refer it back to the Planning Commission with
stipulated conditions, (See motion stated below,)
Mr, Coggin noted that the fence is dilapidated and very unstable, and six feet of
the fence is in the public right-of-way,
The motion was restated by Councilman Temple .and seconded by Councilman DiLoreto,
Councilman DiLoreto stated until such time as the City does not engage in a system
of selective enforcement of zoning violations, he would not be in favor of requiring a
man to tear down an existing fence.
Building and Safety Director Lake recommended a condition be added that the fence
be made stable,
Discussion ensued regarding bringing the fence up to code standards. It was noted
by Councilman Jennings that the City Council has gone on record recently as approving
removal of an obstruction in the public right-of-way.
City .Attorney Sorensen stated, there are two issues before the City Council.- One
is the variance for zone exception relative to maintaining the fence on private property
in a manner contrary to the zoning ordinance; the other is the question of a fence
existing in the public right-of-way, He said the Council should first determine the
question of the zone exception and then by separate action determine whether the fence
will be allowed to remain in the public right-of-way.
Councilman Morton commented there should be a condition added that if a portion of
the fence is permitted to remain, the fence is to be brought up to the safety code; that
if a portion of the fence is in the public right-of-way, it should be taken down,
Councilman Temple concurred that the fence should be brought up to safety standards,
however, he said he does not concur with removal of the portion of the fence that stands
in the public right-of-way,
Mayor Winton requested that the above motion and second be stricken and restated.
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to uphold the Appeal to Zone Exception Case #1091, 7214 Glencliff
Drive, and refer this matter back to the Planning Commission for recommendation, subject
to the following conditions; To let the existing fence remain; that when a new fence is
built or a portion of the fence replaced, it be built according to the existing ordinances
at the time it is replaced-, that the paved parking area for the recreational vehicle be
allowed to remain; and that the fence be brought up to safety standards.
Council Minutes 12/11/72 -2-
City Attorney Sorensen stated the only matter the Council is voting on is the zone
exception, and the zone exception only deals with that portion of the fence on private
property; it does not deal with that portion in the public right-of-way.
AYES: 4 Councilmen: Morton, DiLoreto, Temple, Winton
NOES: I Councilmen: Jennings
ABSENT: 0 Councilmen: None
It was moved by Councilman Jennings, seconded by Councilman Morton, and passed by
the following vote that pertaining to Zone Exception Case #1091, 7214 Glencliff Drive,
the property owner be required to remove the portion of the fence which protrudes into
--the public right-of-way.
AYES: 3 Councilmen: Jennings, Morton, Winton
NOES: 2 Councilmen: DiLoreto, Temple
ABSENT: 0 Councilmen: None
It was moved by Councilman Jennings,
the following vote to approve the Addendt;
November 13, 1972, Minutes of the Regulax
Minutes of the Adiourned Citv Council Mee
seconded by Councilman DiLoreto, and passed by
to Minutes of the City Council Meeting of
City Council Meeting of November 28, 1972, and
inz of November 28. 1972.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Communication from Councilman Temple regarding Appointment of Mr. Matt Midgett to
ppro
the Health & Sanitation Committee. It was so ordered to ave the appointment.
Communication from Public Utilities Commission regarding Uplication of Southern
California Gas Company for Rate Increase. Ordered filed.
Communication from R. G. O'Brien, Jr., regarding Request for hearing on Appeal,
Zone Exception Case #1088, 10326-40 Downey Avenue.
Mr. Jack Robinson requested permission to address the City Council regarding this
-matter.
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by
the following Vote to set a hearing on Appeal, Zone Exception Case #1088, for 7:30 p.m.,
January 8, 1973, in the Council Chambers of the Downey City Hall.
Discussion followed regarding whether or not the Council could deny the request for
hearing. City Attorney Sorensen referred to sections of the Downey Municipal Code and
stated if the basis of the appeal is not set forth, the Council may determine it is not
a proper appeal.
When asked if the appellant protested the zone exception at the Planning Commission
hearing, Planning Director Goggin replied he did not. He said the appellant was not
notified of the hearing, inasmuch as he does not reside within 500 feet of the subject
property.
The motion and second were restated.
Mr. Jack Robinson, office-8615 Florence Avenue, residence-8555 Gainford Drive,
Downey, stated he is one of the applicants in this case and that his remarks will pertain
only to Mr. O'Brien's request for appeal and not to the zone exception. Mr. Robinson
presented a letter to the Council. The letter contained six reasons as to why the re-
quest should be set aside. A copy of the letter is on file in the office of the City
Clerk.
Mayor Winton inquired if Mr. O'Brien was present and wished to speak in rebuttal.
There was no response.
Roll call vote:
AYES: 3 Councilman:
NOES: 2 Councilmen:
ABSENT: 0 Councilmen:
Jennings, DiLoreto, Temple
Morton, Winton
None
Council Minutes 12/11/72 -3-
Communica,tior, from R. G. O'Brien, Jr., regarding Ap
ssion re Environmental Impact Report on Zone Except
to Decision of
Case #1088. 103
Referring to the forthcoming City Manager°s Report and report from the Planning
Director, City Attorney Sorensen stated Assembly Bill 889 was adopted, which places a
moratorium upon the requirements of Environmental Impact Reports (EIR) for 120 days from
the effective date of the Bill. He said the Bill provides, however, that a City may de-
clare that the policy of requiring EIR°s upon discretionary matters may be continued if
the Council so desires during the moratorium, Mr. Sorensen commented if the Council
decides to require EIR's during the 120-day period, then under procedure which Council
has adopted, this matter would be set for consideration before the City Council; that
should the Council decide not to continue with EIR's during the moratorium, there would
be no basis for handling the consideration.
It was pointed out by City Manager Thompson that if the Council decides to continue
the policy of EIR's for discretionary actions, it would still be within the discretion
of the Council to hear or not hear an additional appeal according to the guidelines.
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to accept the City ManagerBs Report and recommendation that the Cit
Council continue to require Environmental impact Reports for discretionary actions.
AYES: 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT. 0 Councilmen. None
It was moved by Councilman DiLoreto, seconded by Councilman Temple, and passed by
the following vote to set Appeal to Environmental Impact Report on Zone Exception .Case
#10882 10326-40 Downey Avenue, for consideration at 7.30 p.m., January 8, 1973, to be
heard in conjunction with the Appeal to the Zone Exception Case.
AYE So 5 Councilmen. Jennings, Morton, DiLoreto, Temple, Winton
NOES. 0 Councilmen. None
ABSENT. 0 Councilmen: None
- Mayor Winton declared a recess at 8.58 p.m. The meeting resumed at 9.23 p.m. with
all Councilmen present.
Commu+rication from Downey Civic Chorus regarding Underwriting cost of Guest Director.
Discussion followed. City Manager Thompson explained earlier this year his office
was contacted by the Downey Civic Chorus regarding a choral festival. He said dates were
worked out with the Theatre Director and notices sent to Cities to see if they wished to
participate. Mr. Thompson stated at that time there was no indication the Downey Civic
Chorus would be making any further requestso
It was moved by Councilman Jennings, seconded by Mayor Winton, and passed by the
following vote to deny the request of the Downey Civic Chorus.
AYES. 4 Councilmen. Jennings, Morton, Temple, Winton
NOES. 1 Councilmen; DiLoreto
ABSENT. 0 Councilmen. None
Mayor Winton asked the City Clerk to prepare a memorandum for his signature to the
Downey Civic Chorus to inform them of the Cour_cil°s action and to indicate that a budget
has been established for the chorus functions, with any other activities to be retained
within that budget amount.
Communication from Michael J. Betor regarding Request for hearing on Appeal, Zone
Exception Case #1096, Imperial Highway and 12580 Brookshire Avenue. Planning Director
Goggin stated the property is located on the northeast corner of Imperial and Brookshire,
and the request is to remove the existing residences and develop a store. He said the
case was denied without conditions.
It was moved by Councilman Temple, seconded by Councilman Jennings, and passed by
the following vote to set a hearing on Appeal, Zone Exception Case #1096, Imperial
Highway and 12580 Brookshire Avenue, for 700 p.m., January 8, 1973, in the Council
Chambers of the Downey City Hall.
Council Minutes 12/11/72 -4-
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen; None
The City Clerk was requested to notify the applicant,
LEGAL CLAIMS (for information only)
Ref, #085, Richard L. Gruenhagen
ORDINANCE NO, 428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTIONS 7319 AND 7319,1 OF THE DOWNEY
MUNICIPAL CODE RELATING TO WATER SERVICE DEPOSITS
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, 428,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
ORDINANCE N0,
AN ORDINANCE OF 'IHE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING SECTION 2712 OF THE DOWNEY MUNICIPAL CODE
WHICH SAID SECTION RELATES TO SUSPENSION OF PERSONNEL
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 Councilmen Jennings, seconded by Councilman Morton, and passed by
-- the following vote to introduce the Ordinance with the following change:
At the end of the second paragraph under Section 2712, Suspensions, following
the word "reinstatement", add a semicolon and. insert "less any amounts earned
by other employment during such period of suspension".
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 SECTIGN 7133 OF THE DOWNEY MUNICIPAL CODE
WHICH SAID SECTION RELATES TO FEES FOR EXCAVATION PERMITS
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
RESOLUTION N0, 2752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A 'TRUST FUND IN THE CITY TREASURY IN WHICH
ALL PAYMENTS RECEIVED BY THE CITY PURSUANT TO THE
"STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972" SHALL
BE DEPOSITED
Council Minutes 12/11/72 -5-
The Resolution was read by title only. It was moved by Councilman Temple, seconded
by Councilman DiLoreto, and so ordered to waive€urther reading.
It was moved by Councilman Temple, seconded by Councilman DiLoreto, and passed by
the following vote to adopt Resolution No. 2752.
AYES:
5
Councilmen:
Jennings, Morton, DiLoreto, Temple, Winton
NOES:
0
Councilmen:
None
ABSENT:
0
Councilmen:
None
RESOLUTION NO. WS-822
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. 57986 -
58500, $221,146.85 -- PAYROLL)
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-822.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
RESOLUTION NO. WS-823
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. 22553 -
22741, $161,337.86)
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-82.3.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Cash Contract #SS-264, SW Corner Firestone Blvd, and Old River School Rd.
Answering questions of Councilman Jennings, Public Works Director Spindel explained
this will be the first stage of construction at the corner, which will allow right turns
to be made through the area much easier and will blend in with further construction for
an island and eventual railroad crossing gates.
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 #SS-264,
SW Corner Firestone Blvd. and Old River School Rd., in the amount of the unit prices bid,
to Sully -Miller Contracting Company of Long Beach, the lowest and best bidder, and
reject all other bids.
AYES:
4
Councilmen:
Jennings, Morton, DiLoreto, Winton
NOES:
0
Councilmen:
None
ABSENT:
0
Councilmen:
None
ABSTAIN:
1
Councilmen:
Temple
It was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by
the following vote to accept the improvements constructed under Purchase Contract #175 -
Telemetering, and the maintenance thereof.
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Council Minutes 12/11/72 -6-
Chapter 27 Procedures
Public Works Director Spindel answered questions of the City Council.
Mayor Winton referred to the second to last paragraph on page 2 of Mr. Spindel+s
report and requested the Council to give consideration to discontinuing administration
charges,
Discussion followed,
Mr. Spindel explained if matching funds are made available, it would cut down on
the administrative costs to process each improvement; that under present conditions,
there is quite a bit of communication with the property owners in trying to inform them
of the proposed improvements and the procedures involved, He stated that under Chapter 27
proceedings, if a specific improvement is in over 50 percent or more of a block, or 50
percent or more of the people put up their money, or 60 percent sign a petition for the
improvements, the rest of the people in the block must go along with it; that the cost
for the improvements are financed by the City at seven (7) percent interest.
Farther discussion ensued, Mr. Spindel commented that matching funds are not
given for curbs, gutters, or sewers; they are only given for sidewalks and paving.
It w;as moved by Councilman DiLoreto, seconded by Councilman Jennings, and passed by
the following vote to accept the Chapter 27 report of the Director of Public Works; that
the City absorb engineering and administration costs on all Chapter 27 projects; make
available necessary funds under Chapter 27 projects for R-1 and R-2 zones; and adopt the
Chapter 27 procedures,
A"ES. 4 Councilmen. Jennings, Morton, DiLoreto, Temple
NOES, 1 Councilmen. Winton
ABSENT. 0 Councilmen; None
Chapter 27 Proceedings, 12280-92 Orizaba Avenue
Public Works Director Spindel explained the property owners are not asking for match-
ing funds and will not be eligible for matching funds, inasmuch as the improvements are
for curb, gutter, and paving, and this is a newly dedicated street without paving. He
said the property owners have asked the City to finance the construction and then place
the costs on their tax bill to be assessed over a ten-year period; that the property
owners have further requested a waiver of engineering and administration costs.
Discussion ensued, Mr. Spindel stated the property owners will not be required to
put in sidewalks until more than 50 percent of the sidewalks have been put in,
'it was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by
tine following vote to authorize the Department of Public Works to initiate Chapter 27
proceedings on property at 12280-92 Orizaba Avenue,
KxES. 4 Councilmen: Jennings, Morton, DiLoreto, Temple
NOES: 1 Councilmen: Winton
ABSENT: 0 Councilmen: None
It was moved by Councilman Jennings, seconded by Councilman Temple, and passed by
the following vote to authorize the Department of Public Works to prepare estimated
cost and negotiate for the necessary right-of-way on Downey Improvement Project No, 636,
Pivot Street and Koopman Avenue,
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
Report on Old River School Road Relief Trunk Sewer Section 3 and 5
Mr, Spindel stated the contractor will be subject to permit requirements and the
specifications were modified to comply with Downey's codes, He advised that the con-
tractor has not worked in the City of Downey,
Mayor Winton recommended suggesting to the Chief Engineer of the County Sanitation
District that any time they are ready to award a contract, the contractor be advised that
he should indicate if he has had any complaints from any City relative to his work. He
said a letter of communication might help to resolve some of the problems Cities have had
with contractors,
Council Minutes 12/11/72 -7-
Discussion followed. No action,
Appeal of Maurice L. McAlister to Environmental Impact
Case 4954. Northeast corner Florence and Haledon.
>ort on Zone Exception
City Attorney Sorensen explained that Assembly Bill 889 recently enacted provides
that provisions of the Environmental Quality Act do not apply to ministerial projects
either undertaken or approved by the City. He said the issuance of a building permit
is a ministerial act, inasmuch as the Code provides that upon application being made and
plans submitted, if the plans comply with the Code, there is no discretion as to whether
the building permit will be issued --the permit is issued,
Mr. Sorensen stated the matter that is pending on Zone Exception Case #954 is not
t.e question of whether a zone exception should be granted, inasmuch as that determination
has been made. He said the matter before the Council is the issuance of the building
permit, pending the outcome of present litigation to determine whether issuance of the
pewit is appropriate. Mr. Sorensen commented it is his opinion that under the Assembly
bill Act as it now reads, Environmental Impact Reports will not be required prior to the
•2ssua:dce of building permits.
Mr. Sorensen commented that on Zone Exception Case #954, the zone exception was
under the City°s ordinance an extension was granted to September 16, 1972; and
t < 4�es io -r-:ich has been raised by the litigant is whether the rights exercised under
the zone exception case were within the time period allowed.
Mir, Sorensen answered questions of the City Council and City Managers
Councilman 'DiLoreto commented that the Council might want to deny the appeal on the
'--is tl^;a.t it icas no authority to hear the matter. Mr. Sorensen explained that the
Co---mcil does have the authority to hear the matter, however, there is no basis for taking
a:.y p ."e..;,.ve action.
it was moved by Councilman Jennings, seconded by Councilman DiLoreto, and passed by
t;•e follo,„-ing vote to receive and file Mr. McAlister's letter of appeal to the Environmental
m.pact Report or., Zone Exception Case #954.
^:r McAlister was asked if he had a complete understanding of the ruling relative to
A.ssEa,bly bill 889,
Maurice McAlister commented that it is his understanding the City Attorney will
_e representing the City as well as the applicant in this case. He said he would assume
Mr, Soreusen°s opinion to be correct on this matter, that if the City cannot act on it,
hewill not speak to his appeal,
It was pointed out by Mr. Sorensen that the Council authorized and approved his
represent,at-lon of both the City and the real party interest, if it was agreeable to all
part+Les concerned..
Councilman DiLoreto mentioned that the City"s interest in the case is only academic
Pn a sense, and the cost of litigation will be borne primarily by the real party interest
a -ad not by the City.
Roll call voter
AYES,. 5 Councilmen:
NOES., 0 Councilmen -
ABSENT: 0 Councilmen:
CITY MAN'AC'ER°S REPORT
Jennings, Morton, DiLoreto, Temple, Winton
None
None
City Manager Charles W. Thompson reported on the current status of the Sign Ordinance.
He referred to a memorandum from the Planning Director and stated there are a number of
significant items pending before the Planning Commission. Mr. Thompson commented that
both he and the Planning Director concur there would be little possibility that present
staff of the Planning Department could act upon these matters, including a reasonable
schedule for completion of certain elements now required by law for the General Plan.
Mr, Thompson stated in addition to the Sign Ordinance, the Zoning Ordinance is equally
significant. He said it is his recommendation that the City Council direct staff to
submit a reco-=endation for consulting help to work with staff to bring about an early
completion of these projects.
Council Minutes 12/11/72 -8-
Mayor Winton referred to his conversations with the City Manager and stated he had
requested the City Manager to work with staff and bring in an overview of what would be
required in the way of possibly bringing in consultants on the matter.
It was explained by Mr. Thompson that in anticipation of this, requests were made
in the current budget for General Plan studies and appropriations were made and approved
by the City Council for this type of activity; that approximately $20,000 is available in
the budget.
It was moved by Councilman Temple to direct staff to submit recommendations for
consultants to secure an early completion of projects, namely, the Zoning Ordinance, Open
Space element, Conservation element, and Sign Ordinance, and bring to the Council possi-
ble cost factors for recommendation.
Councilman Morton commented that he and Councilman Jennings are ready to move for-
ward on the General Plan. Mayor Winton stated he had recently received from the Planning
Commission a review of its consideration of the recommendations he has made.
Councilman DiLoreto referred to the burdens placed on the Planning Commission by
the Apartment Survey Committee, inasmuch as the Committee has to rely on information of
the Commission. Responding to an inquiry, Councilman DiLoreto stated the Apartment
Survey Committee should be submitting a report sometime after the first of the year.
The motion was seconded by Mayor Winton. Councilman Temple restated the motion.
Roll call vote:
AYES: 5 Councilmen: Jennings, Morton, DiLoreto, Temple, Winton
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
OK&L COMMTJNICATIONS
Councilman Jennings commented that the Cities of Whittier, Inglewood and Glendale
do not have assigned department head automobiles; they work on a mileage reimbursement
basis or monthly allowance. He requested that a comparison be made as to the best
method to be used, and he recommended that the three cities be contacted when conduct-
ing the comparison study.
Councilman Jennings spoke regarding the former Aerial Surveillance Program
utilizing the helicopter services of the County Sheriff's Department. He asked that
consideration be given to forming a committee comprised of himself, Councilman Morton,
C:ief of Police Morgan, and the City Manager to investigate a new type of airplane de-
signed for aerial surveillance use to see if it would be adaptable to the City of Downey.
Councilman Jennings said that use of such an airplane could probably result in lower
costs then was experienced with the helicopter.
Councilman Morton suggested that the Chairman of the Sanitation d Health Committee
be requested to arrange for attendance of the Eommittee at a work shop on Noise Control
a�,6 Enforcement sponsored by the League of California Cities set for February 1, 1973
at the Los Angeles Hilton Hotel. He recommended that the Committee Chairman and Vice, -,
Chairman plan to attend the work shop along with the Director of Public Works and any fGnn Y
Councilman that would like to attend. So ordered by the Mayor, Councilman Morton will
advise the Committee Chairman accordingly. �( '
Councilman DiLoreto reported on a public hearing attended by Councilman Temple
and himself at the Maude Price School regarding the proposed addition of a traffic lane
on the Santa Ana Freeway from Washington Boulevard to Lakewood Boulevard to tie in an
additional lane from Lakewood Boulevard to the 605 Freeway. He said information
obtained regarding the recently completed sound barrier wall on the west side of the
Santa Ana Freeway revealed a drop of five decibals in noise level in the vicinity of
the residences shielded by the new wall.
Mayor Winton reported on receipt of the first Federal Revenue Sharing check by the
City. He said the amount of money received was reasonably close to the projections
studied by the Council. He commended the Staff for its performance in conducting
studies for use of the Federal Revenue Sharing money.
Mayor Winton commended the Downey Junior Chamber of Commerce and Downey Lions Club
for having staged an excellent Christmas Parade.
Council Minutes 12/11/72 -9-
Mayor Winton appointed Councilman Temple to work with him as a committee to study
objectives and job description of the various citizen committees for the purpose of
possibly revising the functions of some of the committees to merge with other committees
that are not too active, He said the committee will report back to the Council at a
later date.
One moment of silence was observed in memory of the late Assemblyman Carley Porter,
The meeting was adjourned at 10.52 p.m. in honor of Assemblyman Porter,
ROBERT L. STANDV CITY CLERK
-a
1' t arc\ if k v
DONALD H, WINTON' MAYOR
Council Minutes 12/11/72 -10-