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HomeMy WebLinkAboutMinutes-05-14-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 1973 T A B L E O F M I N U T E A C T I,0 SUBJECT: ACTION: PAGE NO. Presentation to Warren Hear 1 Student awards, poster contest, re Paint Up, Fix Up, Clean Up Week 1 DIP #639, W/s Sideview bet. Cedartree & Brookpark-Auth. Dept, Public Wks. proceed Approved 2 DIP #640, E/s Sideview bet. Cedartree & Metro - Auth. Dept. Public Wks. proceed Approved 2 DIP #641, E/s Sideview bet. Metro & Brookpark - Auth. Dept. Public Wks. proceed Approved 3 Ordinance Amending Zoning Map Adopted by Sec. 9107 DMC (Planng. Res, #137, Zone Change Case #121) Introduced 3 Appeal, ZE Case #1116, 9220 Telegraph Rd. Denied 5 Minutes, April 17, 1973; April 24, 1973 Approved 5 Comm. from Mayor Pro Tem Jennings re Appointment of John M. Reed & Marius Nielson to Citizens Comm. to Study Elements, Gen. Plan Ordered filed 5 Appt. of Leona Aldridge & Sherm Criselle to Citizens Study Comm.. re General Plan. Apptmt. by Mayor Morton 5 Legal Claims (for information only) Ref. #108, Oscar D. Cline Ref. #109, Shirley A. Roush No action 5 Legal Claims (for Council action) Ref. #107, Elton A. Kidder Payment approved 5 Refuse Contract with Lemons Disposal Co. - Letter of cancellation to terminate; amended agreement with Calsan & auth. Mayor to sign Approved 6 Request for cancellation of bond on Held pending City Attorneys Lemons Disposal Co. research 6 Resolution #2789, Req. Reimbursement of 1/2 Costs to Install RR Crossing Gates on Downey Avenue @ Crossing #BK495.2 (SS #231) Adopted 6 Payroll Warrants #04330 - 04846 Approved 6 General Warrants #24690 - 24948 Approved 6 General Warrants #24949 - 25137 Approved 6 CC #SS-262, Unit 3, Reconstrctn & Resrfcg. Wiley -Burke Ave., Firestone to Quinn - Plans, specs & authority to advertise Approved 6 CC #SS-277, Rives Ave., S/o Firestone Blvd. storm drain - Plans, specs & auth. to advertise Approved 7 CC #322, Alley Improvements Well Site #8 - Acceptance of improvements & transfer of funds Approved 7 Pomering Water Tract N/o Nada St. - Authorize Mayor to sign Quitclaim Deed Approved 7 Page I of 2 COUNCIL MINUTES MAY 14, 1973 TABLE OF MINUTE ACTIONS Agreement between City and Downey 2nd Century Foundation, Inc. - Authorize Mayor to sign Appointment of Mark Groher as Assistant Band Director, Downey Youth Band Zone Exception Case #1096, NE Corner Imperial & Brookshire - Amended conditions Report of Apartment House Survey Committee Request to erect tent on temporary basis at 10900 Paramount Blvd., not to exceed 5 days Consolidation of City Council and School Board Elections Fence bet. R-1 & R-3 on Telegraph Rd. Clean-up of property at Gallatin & Lakewood Bugging device for stolen library books Inspection of property NE Corner Brookshire and Florence Page 2 of 2 ACTION: PAGE NO. Approved 7 Approved 7 Approved 7 Taken under submission; City Manager to prepare letter of apprec. for Mayor's signature 8 Approved Comments of Councilman DiLoreto Planning Dir. to review City Manager to review Comments of Councilman Winton Requested by Mayor Morton r 9 9 9 9 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 14, 1973 I a The City Council of the City of Downey held a regular meeting at 7:30 p.m., May 14, 1973, in the Council Chambers of the Downey City Hall, Mayor Thomas H. Morton presiding. PRESENT: Councilmen: Joseph E. DiLoreto, Richard M. Jennings, Walter S. Temple, Donald H. Winton, Thomas H. Morton ABSENT: Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Public Works William A. 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 delivered by Councilman Walter Temple, followed by the Flag Salute led by Carolyn Smith, 4th grade student at Alameda Elementary School. On behalf of the City Council, Mayor Thomas Morton and Councilman Walter Temple presented a plaque to Mr. Warren Heer, who is resigning from the Park & Recreation Commission, Mayor Morton. and Councilman Temple each expressed appreciation to Mr. and Mrs. Heer for their services to the City. It was noted Mr. Heer served on the Park & Recreation Commission from. September 24, 1968 to May 1, 1973. Mr. Lee Bucholz, President of the Downey Board of Realtors, addressed the City Council regarding Paint Up, Fix Up, Clean Up Week. He commented he and Police Chief Morgan are working or a program that will be beneficial to the City, "Preventatives for Home Burglary". Mi. Gene Hauk, Vice Chairman of the Paint Up, Fix Up, Clean Up Committee, announced the names of the students who were selected winners of the poster contest in three categories Composition, Theme, and Sweepstakes. Awards were presented to the following COMPOSITION; Monica Quintero Chris DeFalco David Farner Gary Mooschagian. Louise Peck THEME: Ellen Chi Carolyn Smith Patrick Lee Patty Bale SWEEPSTAKES: Julie Christoff Allison Holland Bryan Holland Mayor Thomas Morton extended the City Council's appreciation to the young people for the work they have done and the awards they have received. Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No, 639 West side of Sideview Drive between Cedartree and Brookpark, Sites 1, 2, 32 4, 5, and 6. He inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Mailing, to which City Clerk Robert Shand responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests or objections against the improvements, and the City Clerk replied he had not. Public Works Director Ervin Spindel reported on the construction of sidewalks and driveway aprons and costs to the property owners. Council Minutes 5/14/73 -1- 4642 It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive the Report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No. 639. Mrs, Ross, 9257 Sideview Drive, inquired if she would be required to remove a tree on her property to allow for construction of the sidewalks. Mr. Spindel replied if a tree has to be removed, the City will do the work at no expense to the property owner. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to close the hearing on Downey Improvement Project No. 639. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Public Works to proceed with construction on Downey Improvement Project No. 639, West side of Sideview Drive between Cedartree and Brookpark, Sites 1, 2, 3, 4, 5, and 6. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton declared that this is the time and place for the public hearing on. Downey Improvement Project No. 640, East side Sideview Drive between Cedartree and Metro, Sites 1, 3, and 4. He inquired if the City Clerk had the Affidavit of Posting of Notice and Affidavit of Mailing, to which City Clerk Robert Shand responded in the affirmative, It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests or objections against the improvements, and the City Clerk replied he had not. Public Works Director Ervin Spindel reported on the construction of sidewalks and driveway aprons and costs to the property owners. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive the -Report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No. 640, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Downey Improvement Project No. 640. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Public Works to proceed with construction on Downey Improvement Project No. 640, East side Sideview Drive between Cedartree and Metro, Sites 1, 3, and 4. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton declared that this is the time and place for the public hearing on Downey Improvement Project No. 641, East side of Sideview Drive between Metro and Brookpark, Site 1. He inquired if the City Clerk had the Affidavit of Posting of Notice -;- and Affidavit of Mailing, to which City Clerk Robert Shand responded in the affirmative. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to receive and file the Affidavits. Mayor Morton inquired if the City Clerk had received any written protests or objections against the improvements, and the City Clerk replied he had not. Public Works Director Ervin Spindel reported on the construction of sidewalks and costs to the property owner. Council Minutes 5/14/73 -2- _4643 It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to receive the Report of the City Engineer. Mayor Morton inquired if there was anyone present who wished to speak in protest to Downey Improvement Project No. 641, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Downey Improvement Project No. 641. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Department of Public Works to proceed with construction on Downey Improvement Project No. 641, East side of Sideview Drive between Metro and Brookpark, Site 1. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton declared that this is the time and place for the public hearing on Zone Change Case # 121, 11220 Garfield Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which City Clerk Robert Shand responded in the affirmative. Planning Director William Goggin reported the zone change concerns property at 11220 Garfield Avenue, which is basically located in the City of South Gate. He said there is a small triangular portion located in the City of Downey, and it is requested the zoning be changed from R-1 to M-2 to conform to the zoning of the rest of the property, which is on a manufacturing site. Mayor Morton inquired if the City Clerk had received any correspondence, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in favor of the zone change, and there was no response. He inquired if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to close the hearing on Zone Change Case #121, 11220 Garfield Avenue. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9LO-7 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 137 - ZONE CHANGE CASE NO. 121.) The Ordinance was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to introduce the Ordinance. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton declared that this is the time and place for the public hearing on Appeal. Zone Exception Case #1116, 9220 Telegraph Road. He inquired if the City Clerk had the Affidavit of Publication, to which City Clerk Robert Shand responded in the affirmative. Planning Director William Goggin reported the request is for an 80-unit apartment house on property bordered by Telegraph Road to the north, Serapis Avenue to the west, and Cedartree Road to the south. He commented on the zoning and stated the request for 80 units includes two and three story units with 160 parking spaces located in the R-1 zone, open space, recreational areas, and modification of the "P" zone setback to 151. Mr. Goggin reported on the hearings before the Planning Commission and of discussions with the applicant; that the zone exception was denied by the Commission as not meeting the findings of Section 9130.2 of the Downey Municipal Code. Mr. Goggin answered questions of the City Council. Council Minutes 5/14/73 -3- 4644 Mayor Morton inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Morton inquired if there was anyone present who wished to speak in favor of Appeal, Zone Exception Case #1116, 9220 Telegraph Road. Mr. Frank Galeotti' 9176 Cedartree Road, stated his desire to see an apartment complex constructed on the subject property rather than a commercial development. He said his neighbor, Dr. Allen, also has no objections to the zone exception. Mr. Brent Bergh, 207 South San Gabriel Boulevard, San Gabriel, the applicant, submitted a report to the City Council regarding his appeal. He commented that there are other apartment developments, including a convalescent home, on Telegraph Road in the immediate area of the subject property, which have established a trend. Mr. Bergh stated in his analysis of the property, the following were taken into consideration: Zoning, the City"s policies, procedures and objectives. He said Serapis Avenue would be used as the main ingress and egress for traffic circulation, with an exit for right turns only on Telegraph Road; that in no way would traffic conflict with the school or subdivisions to the south or east of the property. Mr. Bergh explained that with respect to the single family subdivision to the east on Cedartree the R-1 portion of the subject property would be used solely for open space and parking area, with no structures other than carports; that there would be no ingress or egress onto Cedartree; and he will meet whatever requirements are necessary to pro- vide screening and landscaping for Cedartree Road. He stated the dwelling units will consume only 20 percent of the total land area. He discussed density factors, the Planning Commission's decision to preserve the R-1 zoning on Cedartree Road, and land development on Cedartree. Mr. Bergh referred to Section F of the report regarding his findings. He said the apartment development will be practical and productive use of land now vacant and which has restrictive limitations. He commented other apartments in the area have been successful and he urged the Council to take a more flexible attitude towards land use. Mr. Bergh spoke regarding the Environmental Impact Report #73-6 Addendum, which discussed a planned unit development concept and stated it would be possible to develop a PUD concept for the 3.75 acres. Mayor Morton inquired if there was anyone present who wished to speak in opposi- tion to the appeal. Mrs. Linda Morgan, 9271 Cedartree Road, stated her opposition to the increase in traffic that will result on Cedartree if the apartments are built. She requested R-1 be maintained on Cedartree. Mr. Bergh did not make any comments in rebuttal. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to close the hearing on Appeal, Zone Exception Case 1116, 9220 Telegraph Road. Discussion followed. Councilman Joseph DiLoreto indicated the Council had authorized a special study committee dealing specifically with the problem of apartment house development through- out the City, inasmuch as there are a great number of residents who are concerned about the development of apartment houses. He said the City Council will receive this evening the findings of that committee, and he commented some of the findings are recommendations with respect to the existence of establishment of buffer zones, the question of density, and the type of construction to protect not only apartment house residents but people who have to live near them. Councilman DiLoreto suggested if Mr. Bergh might be willing to meet with the Planning Department and discuss some of the matters that are contained in the committee's report, perhaps the matter could be resolved so that everyone included would be protected and development of the property on Telegraph Road could proceed. He asked Mr. Bergh if he would be willing to meet with the Planning Department. Mr.. Bergh replied that every effort has been exerted to cooperate and come up with a plan, layouts, designs' and elevations that are satisfactory. Council Minutes 5/14/73 -4- . 464,5 It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and passed by the following vote to deny Appeal, Zone Exception Case #1116, 9220 Telegraph Road. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Mayor Thomas Morton declared a recess at 8:45 p.m. The meeting resumed at 8:58 p.m. with all Councilmen present. It was moved by Councilman Joseph DiLoreto, seconded by Councilman Richard Jennings, and so ordered to approve the Minutes of the City Council Meetings of April 17, 1973 and April 24, 1973. Communication from Mr. and Mrs. Dean Giles regarding Opposition to Zone Exception for Tennis Court and Lights on Tweedy Lane.. Ordered filed. Planning Director William Goggiu explained the applicant in this case has withdrawn. Communication from Mayor Pro Tem Richard Jennings regarding Appointment of Mr. John M. Reed. Jr. and Mr. Marius Nielson to Citizens Committee to Study Ele. Mayor Thomas Morton explained he has appointed Mrs. Leona Aldridge and Mr. Sherm Griselle to the Study Committee, Communication from Mr. Warren G. Heer regarding Letter of Resignation from the Parks & Recreation Commission. Ordered filed, Communication from Downey Jaycees regarding Operating Statement - Third Quarter. Ordered filed, LEGAL CLAIMS (for information only) Ref. #108, Oscar D. Cline Ref, #109, Shirley A. Roush LEGAL CLAIMS (for Council action) Ref. #107, Elton A. Kidder It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote that the City pay claimant, Elton A. Kidder (Ref. #107), in the amount of $70.99 as shown in his claim. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen; None Mayor Thomas Morton asked the City Council to consider the matter of Lemons Disposal Company at this time. He stated an item of correspondence has been received from Mr. Bortnick, owner of Lemons Disposal, in which fir. Bortnick indicates he has entered into an agreement with Calsan, Inc,, for the sale of his assets; that an agreement has been reached which is conditioned on the award to Calsan for collection of refuse in Zone L; and Mr. Bortnick is requesting the City Council to cancel his contract for collection upon the express condition that a new contract be awarded to Calsan; and if the award does take place, Mr. Bortnick will waive all rights to 90-day written notice of cancellation,. City Manager Charles Thompson stated if the City Council should approve the request, an agreement has been prepared between the City and Calsan which would add Zone I to Calsan�s present contract. He outlined the course of action the Council should take if it wishes to approve this matter. City Attorney Royal Sorensen said he has reviewed the amendment to the agreement, and a letter has been received from the bonding company stating a bond has been prepared and will be forwarded. He said this will increase Calsan's bond another $25,000, and he commented it is his opinion the City can accept cancellation from Lemons Disposal and terminate without the 90-day notice. Council Minutes 5/14/73 -5- i It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to approve the letter of cancellation to terminate the Refuse Contract with Lemons Disposal Company, approve the amended agreement with Calsan, Inc., and authorize the Mayor to sign. Councilman Richard Jennings commended the City Manager and Director of Public Works for their arduous negotiations on this matter. Councilman Joseph DiLoreto declared he will abstain from voting on this matter on the basis his partner has represented Calsan in other matters. He commented it is his understanding that while Lemons Disposal was in dire straits, Calsan voluntarily picked up rubbish in the City during the last month or so. AYES: 4 Councilmen: Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: DiLoreto It was explained by City Manager Charles Thompson that there is a letter from the firm which now holds the bond on Lemons Disposal and they have requested if the City approves the transfer, the City should approve the cancellation of their present bond, since there would be a new bond on Calsan. It was moved by Councilman Donald Winton and so ordered to hold the matter over until the City Attorney has had an opportunity to research it. RESOLUTION NO. 2789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING REIMBURSEMENT OF ONE-HALF OF ITS COSTS TO INSTALL RAILROAD CROSSING GATES ON DOWNEY AVENUE AT CROSSING NUMBER BK 495.2 (S.S. NO. 231) The Resolution was read by title only. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and so ordered to waive further reading. It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to adopt Resolution No. 2789. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Richard Jennings, seconded by Councilman Donald Winton, and passed by the following vote to approve Payroll Warrants #04330 through #04846, $224,823.20; General Warrants #24690 through #24948, $290,055.88; and General Warrants #24949 through #25137, $169,430.87. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-262, Unit 3 Reconstruction and Resurfacing Wiley -Burke Avenue, Firestone Boulevard to Quinn Street. Councilman Richard Jennings asked if the City will receive a contribution from the storm drain contractor because he is not required to return and do the final paveout. City Engineer Harald Henriksen replied there is a strip of paving between the trench and east side of the gutter, which the contractor was asked to remove in addition to the trench. He indicated the City may benefit by such a decision. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #SS-277, Rives Avenue, S/o Firestone Blvd. storm drain. Council Minutes 5/14/73 -6- _ 4647 Councilman. Temple inquired if the storm drain will alleviate the lake problem on, the property at Albertson's Market, :_Public Works Director Ervin Spindel replied it will not only alleviate the problem f ''`behind Albertson's Market but will also alleviate the problem on Rives Avenue, AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to accept the improvements constructed under Cash Contract #322, Alley Improvements Well Site No. 8, and approve the following transfer of funds: Amount From To $41.40 A/C #51-86003 A/C #51-86073 AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES; 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize the Mayor to sign the Quitclaim Deed for water lines over a portion of Lots 25, 26, 27 of Tract #4236, Pomering Water Tract North of Nada Street. AYES: .5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the Agreement between the City and Downey Second. Century Foundation, Inc., and authorize the Mayor to sign on behalf of the City Council. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES; 0 Councilmen: None ABSENT: 0 Councilmen: None REPORTS City Manager Charles Thompson reported on a recommendation of the Director of Parks & Recreation regarding Appointment of Mr. Mark Groher as Assistant Band Director of the Downey Youth Band. He said Mr. Groher has acted as Assistant Band Director for the past several weeks and is also recommended to this position by the current Director. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the appointment of Mr. Mark Groher, as Assistant Band Director of the Downey Youth Band. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen- None ABSENT: 0 Councilmen: None Mr. Thompson commended the Director of Parks & Recreation for his diligent work on this matter. Referring to approved conditions on Zone Exception Case #1096, Northeast corner Imperial and Brookshire, Mr. Thompson stated a plot plan was subsequently submitted by the applicant, which raised questions and objections to some of the conditions. He said after meeting with Mr. Betor, the applicant, the Directors of Planning and Building & Safety, the conditions remained basically the same with the following amendments: The inclusion of a cut-out letter sign on the Brookshire side of the property, limited to 121' lettering, designating the words, "Betor's Market"; and an opening on the north side of the building to be screened off by the wall along that side. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve the amended conditions on Zone Exception Case #1096, Northeast corner Imperial and Brookshire. Council Minutes 5/14/73 -7- 4648 Mayor Thomas Morton indicated inasmuch as he did not participate in the public hearing, he would abstain from voting on this matter. AYES: 3 Councilmen: DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton On behalf of the Apartment House Survey Committee, Councilman Walter Temple transmitted a report to the City Council. He requested the matter be taken under submission, but also requested the Council to act on certain portions of the report in the immediate future. He discussed the density factor and suggested the Council con- sider this matter at the next night meeting. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to take the Report of the Apartment House Survey Committee under submission, Mayor Thomas Morton asked that the additional copies of the Report be turned over to the City Manager to be placed in the City Clerk's office, the Public Library, and Chamber of Commerce. Councilman Joseph DiLoreto indicated the Report is made up of Minutes of various meetings, and the recommendations in respect to the findings of the Committee are in the latter portion of the Report. He asked the Council to review the recommendations in the hopes that before the agency retained to write the zoning ordinance had com- pleted its work, the City might entertain a motion authorizing in conjunctibri with the :zoning law that an ordinance be drafted specifically dealing with the question of apartment house construction; that the ordinances be handled jointly so that efforts are not duplicated. Councilman Donald Winton requested the Report be brought back before the City Council at the next meeting of May 22nd. He commended Councilmen DiLoreto and Temple for the diligent work by all members of the Committee, and he further commended the City Manager's office and staff for their work. Mayor 'Thomas Morton requested the City Manager to prepare for the Mayors signature on behalf of the City Council a letter of appreciation to each of the Committee. members. City Manager Charles Thompson noted the Planning Department did a great amount of work ova tr,:s matter. At 9.25 p.m. Mayor Thomas Morton adjourned the meeting to executive session with the City Attorney to discuss a matter of legal significance. The meeting resumed at 9,40 p.m, with all Councilmen present. ORAL COMMUNICATIONS Mr. Bruce Watson, 7326 Neo Street, commented on the Wheel-A-Thon demonstration conducted in Downey on May 18, 1973. Discussion took place regarding wheelchair ramps at street intersections in the vicinity of Rancho Los Amigos Hospital. Mr. Watson asked the Council to conduct an inquiry on a"wheelchair ramp program. Councilman Donald Winton commented that the wheelchair ramp situation should also be directed to the attention of County Supervisor Pete Schabarum for possible assistance on the wheelchair ramp program, Mr. Ed Mardigian, 7741 Fostoria Street, owner of the Atlas Carpet Company at 10900 Paramount Boulevard, stated he intends to paint his warehouse in keeping with Paint Up, Clear. Up, Fix Up Week. He said inasmuch as he has found it necessary to remove all the stock from. his warehouse, he wishes to erect a 201 by 401 tent on the back of his pro- perty on a temporary basis, from Tuesday through Friday, May 15th through 18th. Mr. Mardigian commented the tent will be guarded 24 hours a day and there will still be adequate parking for 16 to 18 cars.. City Attorney Royal Sorensen. explained the City Ordinance does not permit a tent of this kind in this zone on a permanent basis. He said on an emergency basis for three ox four days the Council could allow it. It was moved by Mayor Thomas Morton, ordered to approve the request of Mr. Mar 10900 Paramount Boulevard not to exceed seconded by Councilman Donald Winton, and so igian to erect a tent on a temporary basis a Council Minutes 5/14/73 -8- .4649 City Attorney Sorensen requested Mr. Mardigian to provide a public liability policy specifically covering a tent operation and a rider showing the City as an additional insured. Mr. Bruce Watson inquired about the Council's topic of discussion during the execu- tive session. City Attorney Sorensen informed Mr. Watson it was discussion relating to potential litigation. Councilman Joseph DiLoreto commented on the manner in which the League of California Cities and the Independent Cities of Los Angeles County conduct various sessions during the middle of the week, thus requiring Councilmen to be away from their places of busi- ness. He said the feels the various functions should be oriented toward weekends so as not to interfere with the normal work schedules of City officials during the week. Councilman DiLoreto discussed his views regarding Consolidation of the City Council and School Board Elections. He said inasmuch as the voters are called upon to be in- volved in Special Elections, as well as School Board, City Council, and Presidential Elections, and inasmuch as the voter turnout is small for some of the elections, he requested the City Council to take under consideration for further study the thought of consolidating the City Council and School Board Elections. Councilman DiLoreto said the net result would be a greater participation; the integrity of a non -partisan election would still be intact; the costs of the elections would be cut in half; and the City would be providing a service to the citizens in that the citizens could vote in non -partisan races without the necessity of going to the polls six months later. He commented if the Mayor were to appoint a committee to look into this matter with the Trustees of the School Board, he would be willing to serve. Councilman Walter Temple stated in viewing the apartments on Telegraph Road in the vicinity of the zone exception appeal heard at this meeting, he noticed there was not a fence between the R-3 and R-1 zones, and he asked if it was required. Planning Director William Goggin replied he was under the impression fences were there and that he would take a look at the area. Referring the he vacant property at Fairway Motors at Gallatin Road and Lakewood Boulevard, Councilman Walter Temple asked if the flags could be taken down and the area c ea—T neap. City Manager Charles Thompson said he would look into the matter. Councilman Temple inquired about the current status of the Bicycle Pathes. Public Works Director Ervin Spindel replied the Public Works Staff is still working on the project. Councilman Temple asked about the progress of the study on Abandoned Gas Stations, and also about enforcement of the Noise Ordinance. Mayor Thomas Morton replied the noise study has been referred to the Sanitation Committee. Councilman Donald Winton reported on the progress of the Budget Committee. He said another meeting is anticipated in the very near future. Councilman Winton re- quested the Budget Committee ask for information from Staff through the City Manager's office to the Librarian relative to a report by the Library Advisory Board regarding 836 books stolen from the Library in the last year valued at almost $6,000. He asked that the former plan of electronically "bugging" library books be reconsidered in view of continuing book losses. Mayor Thomas Morton called upon the Fire Department and Building d Safety Depart- ment to conduct an inspection of the run-down residential property on the northwest corner of Brookshire and Florence Avenue. Building d Safety Director Ray Lake informed the Mayor that bids are currently being taken by the owner of the property to demolish the building located on that corner lot. There being no further business to come before the City Council, the meeting was adjourned at 10:03 p.m. ROBERT L. SHAND, CITY CLERK THOMAS H. MORTON, MAYOR Council Minutes 5/14/73 -9- CORRECTION TO MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 141 1973 The second paragraph on Page 7 of the Minutes of the City Council Meeting of May 14, 1973 now reads: "Public Works Director Ervin Spindel replied it will not only alleviate the problem behind Albertson's Market but will also alleviate the problem on Rives Avenue." The paragraph should read: "Public Works Director Ervin Spindel replied it will certainly alleviate the problem and will eliminate the problem along Rives Avenue." Robert L. Shand, City Clerk Correction 5/14/73