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HomeMy WebLinkAboutMinutes-06-13-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 13, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: Downey Comm. Hospital Room Rate Adjustments Hearing on 1978-79 City Budget & General Revenue Sharing Funds Budget Resolution #3548, Ordering Vacation of Alley E/o Smallwood bet. 4th & 5th Sts. ACTION: Approved Continued to 6/16/78 Adopted Ordinance #546, Extending Ord. #541 Prohibiting issuance of Bldg. Permits for 8-mo. period in Redevelopment Project Area & Downtown Reinvest- ment Planning Area except on Auth. of Council Adopted (emergency) Ordinance #547, Extending Ord. #540 Prohibiting Issuance of Permits for 8-mo. period for a study of Massage Parlors & Adult Entertainment Zoning Adopted (emergency) Proposed amendment to DMC (Comp. Zoning Map), Zone Chg. #128, Florence Ave.: Direct staff to prepare ordinance to effect zone change as recommended by Planning Comm. Approved Direct Planning Comm. to conduct hearing re amending abatement period as applied to structure of homes as non -conforming uses Approved Resolution #3549, Finding Publ. Interest req. acquis. of fee title in certain real ppty for public street purposes (Fifth St.) Adopted Minutes: Spec. Called Mtg., October 5, 1977; Joint Mtg. w/Planning Comm., May 23, 1978; Reg. Mtg., May 23, 1978; Adj. Reg. Mtgs. May 30 & June 7, 1978 Approved Denial of Legal Claims: Ref. #374 & #378 Approved CC #SS-315, Gardendale St., Paramount to Downey: Accept imprvmts.; approve changes in work; & accept responsibility for maint. (A/C #26-16174) Approved General Warrants #160858 - 161366 #204679 - 204741 Staff to work w/organizations to find location for fireworks stands 9612 Birchdale Avenue: Continue w/construction of Birchdale as planned before stoppage Ordinance amending DMC re Noise Ordinance re Terms in Office for certain Boards & Commissions Approved Approved Taken under submission PAGE NO. 1 3 3 4 4 7 7 8 8 8 8 8 9 9 9 Withdrawn @ req. of City Attorney 9 Resolution #3550, Ordering Vacation of Water Easement affecting ppty. Wly. of Downey Ave. w/frontage on Stewart & Gray & Fontana Adopted Resolution #3551, Prohibiting Curb Stopping Anytime along Wly. side Lakewood Bl. from Rosecrans Nly. 480' & rescinding present 7-9 am & 4-6 pm No stopping restr. Adopted Resolution #3552, Rescinding portion of Resol. #1864 re 1-hr. prkg. restr. on Wly. side Paramount N/o SPRR R/W (60') Adopted E A E Page 1 of 2 COUNCIL MINUTES, JUNE 13, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Resolution #3553, Granting Zone Variance #22 Adopted 10 Resolution #3554, Apprvg. Apptmt. of Mrs. Buford (Betty) Logan to Library Advisory Board Adopted 10 Resolution #3555, Apprvg. Apptmt. of Joseph E. DiLoreto to Personnel Advisory Board Adopted 10 Resolution #3556, Apprvg. Apptmt. of Paul J. Riccobon to Recreation & Comm. Serv. Comm. Adopted 10 Resolution #3557, Apprvg. Apptmt. of Richard M. Ziegler to Los Angeles County -Downey Regional Public Recreation Area Comm. Adopted 10 Resolution #3558, Apprvg. Apptmt. of Paul N. Barron to Personnel Advisory Board Adopted 10 Resolution #3559, Apprvg. Reapptmt. of John K. Morris to Planning Comm. Adopted 10 Resolution #3560, Opposing Action of Bd. of Supervisors, County L.A., designating 1975-76 Tax Rate as Basis for allocation of revenues Adopted 10 Resolution #3561, Advocating position for cities of Calif. for allocation of Property Tax as limited under Prop. 13 Adopted 11 CC #SS-326, Gallatin Rd., Lakewood to Downey - Sanford Bridge Rd.: Award to West Coast Paving & auth. transfer of funds Approved 11 SS Proj. #328, Fifth St. Widening, Downey to Brookshire: Auth. pymt. to property owner for --- acquis. of real ppty (A/C #26-16191) Approved 11 CC #409, Parking Lot, Apollo Park Neighborhood Center: Accept imprvmts. & approve changes (A/C #29-1-3033) Approved 11 CC #433, Downey Theatre, Rehearsal Room Heating & Air Conditioning Taken under submission 11 CC #415, City Hall Canopy No action 11 Committee appointments: Mr. Jerry Stumpf to Traffic Comm.; Mr. Mike Betor to Health & Environmental Sanitation Comm.; and Mr. Jim D'Alessandro to Health & Environmental Sanitation Comm. Approved 11 Committee appointments: Mr. Richard Raabe & Mr. Roy Davis to Civil Defense & Disaster Council; Mr. Robert Webber to Rose Float Comm.; Mr. Cecil Parish to Traffic Comm.; & Mrs. Martha L. Barron _.._. & Mrs. Faith Temple to Health & Environmental Sanitation Comm. Approved 11 Replacement of Radio Equipment, Joint Comm. Center Held per request of Fire Chief 11 Req. by Recreation & Comm. Services Comm. for Joint Work Session w/Council Set for 6/26/78 11 Public hearing on Zone Change Case #129, 10000 Lakewood, & #130, 7326-38-44-46 Stewart & Gray Set for 7/11/78 12 Apptmt. of Mayor Pro Tem Miller to Board of Dir. Second Century Foundation Approved 12 Remove appointee for Dist. 4 on Planning Comm. Approved 12 Meeting adjourned to 6/16/78, 7:00 a.m. 12 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JUNE 13, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., June 13, 1978, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding. PRESENT: Council Members: Theodore H. Jackman Kenneth J. Miller Mayor Pro Tem _._ Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor - ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Edwin H. Wood, Fire Chief Ruth Miller, City Librarian William A. Goggin, City Planner Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Human Services Coordinator John Saunders, Assistant to City Manager James Funk, Principal Planner Terence Middlebrooke, Manager of Revenue Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend John Wetzel, Christ Lutheran Church, followed by the Flag Salute led by Councilman Miller. Mayor Greene declared a recess from 7:32 p.m. to 7:35 p.m. The meeting resumed with all Council Members present. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to approve the Downey Community Hospital Room Rate Adjustments. PUBLIC HEARINGS 1978-79 City of Downey Municipal Budget and General Revenue Sharing Funds Budget Mr. Thompson stated the City's Revenue Sharing moneys have been allocated for capital improvements within the City; none of the moneys are utilized for operating purposes. He said the current year's allocation to the City of Downey is approximately $480,000, all of which is allocated for capital improvements. Mayor Greene declared that this is the time and place for the public hearing on City of Downey Budget for Fiscal Year 1978-79 and General Revenue Sharing Funding. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. it was moved by Councilman Jackman and seconded by Councilman Swearingen to receive and file the Affidavit. Mr. Thompson reported that subsequent to the passage of Proposition 13, Budget amendments submitted to the City Council constitute a cut of $2,628,385 from the original proposed Budget of $14,664,040, leaving a revised recommended Budget of $12,035,655 for General Fund purposes. He noted the General Fund provides all of the basic services of the City including Police, Fire, emergency services, animal control, physical environments, parks and recreation, Library, community development, and human services. Councilman Jackman asked if the City should send representatives to Sacramento to testify to its need for funds. Mr. Thompson replied he was advised by Senator Campbell that the Legislators are meeting with League of California Cities representatives and the County Supervisors Association, but are not requesting City officials to appear. He said Senator Campbell also indicated a decision on this matter would probably extend over to next week. Council Minutes 6/13/78 -1- GOGO Councilman Swearingen inquired if there is any indication more money could come to local governments through the State Legislature. Mr. Thompson replied no. He said Senator Campbell has indicated debates are being held regarding the question of allocation and further indicated the thought seems to be that schools, counties, and special districts should be considered ahead of cities. Mayor Greene inquired if there was anyone present who wished to speak regarding the proposed Budget and General Revenue Sharing Funds. Mr. James Santangelo, 8426 Dacosta, spoke regarding the Budget in relation to the Downey Chamber of Commerce. He said on May 9th, the Chamber submitted a Budget request in the amount of $18,000 to provide certain non-member related public services. He commented on the Budget adopted by the Chamber and stated he has been directed by its Board of Directors to inform the Council that the Chamber wishes to amend its Budget request to $12,000. Mr. Mike Huggins, 13207 Deming, said although he is a member of the Recreation & Community Services Commission he is speaking on his own behalf. He discussed use of City parks and the Downey Theatre and noted that with the deletion of summer school and recreation programs, children will be left to their own devices. He urged the Council not to completely sever the Theatre and recreation programs. Mr. Gary Wolfe, 7551 Nada Street, cited an incident involving a fire in his neighbor's home and quick action of the Fire Department. He urged the Council not to make cuts in the Fire Department. Mr. Paul Cook, 7179 DePalma, stated he is a Captain in the City's Fire Department and board member of the Firemen's Association. He outlined cuts that have been made in the Fire Department during the past five years prior to Proposition 13 and noted while making those cuts the Paramedic program was instituted and the Communication Center was established. He said proposed cuts of nine sworn Firemen would mean the closure of a fire station. He urged the Council to consider imposing a three percent Utility Tax. Ms. Adele Alexander, 9725 Belder, spoke regarding the assets of the Downey Theatre and urged the Council not to make a decision to close it. Mr. George D. Miller, 9609 Horley, feels the City could make the Theatre and other programs income -producing. (inaudible), 9303 Songfest Drive, spoke in favor of the Downey Teen Theatre. Mr. Whittington, 8542 Manatee, spoke in favor of the Police and Fire Departments, and opposed a Utility Tax. Mr. Frank Williams, 7711 DePalma, said the City should close the Theatre but save what it can of Police and Fire. Mr. Ron Reagan said the Downey Junior Athletic Association (DJAA) is prepared to raise some money to carry on its programs, but it would mean losing some of its participants if they cannot afford to pay an increased cost per sport. He requested the Council to consider keeping supervisor personnel in the Park Department. Mr. Steve Wells, 10238 Chaney Avenue, spoke in favor of supporting the Downey Theatre for the youth of the City. Mr. Robert Bird, 7520 Sarabeth, representing the Symphonic Society, said he knows cuts are inevitable. Mr. Lyle Wilkinson, 12702 Samoline, asked the Council to consider the possibility of cutting the Budget in stages and not cutting programs or personnel that cannot be replaced. There being no one else wishing to speak, it was moved by Councilman Mackaig and seconded by Councilman Jackman to continue the hearing to 7:00 a.m., June 16, 1978. Councilman Jackman pointed out that although people hate to see programs cut, the people 3.n the City of Downey voted three -to -one in favor of Proposition 13, and the Council is now faced with the job of cutting approximately $2.5 million from the pre- sent Budget. He said he is concerned about safety, and he would rather instruct the City Manager and staff to go back and cut more out of Public Works and the Recreation Department and save at least four Firemen so it will not be necessary to lose a company. He said the City's prime purpose is to make certain property is protected by Police and Fire. Councilman Miller feels the City should do what it can to get its greatest share of the one percent Property Tax for Police and Fire protection. He said he does not Council Minutes 6/13/78 -2- G 06 .. want to cut out the Parks Program and will do what he can to maintain a balanced community. Councilman Swearingen asked if it would be possible to cut City employees by ten percent across the board over the original Budget of $14 million, including salaries and wages. This, he said, would not give the City a full cut, but would allow time to find out what the State is going to do. Mayor Greene concurred with Councilman Jackman and said he does not want to see the City go to County police and fire services. He noted the Council is attempting to implement the will of the people. The hearing was then continued to 7:00 a.m., June 16, 1978, in the Council Chamber of the Downey City Hall. Mayor Greene declared a recess from 8:22 p.m. to 8:25 p.m. The meeting resumed with all Council Members present. Mayor Greene declared that this is the time and place for the public hearing on Vacation of Alley east of Smallwood Avenue between Fourth Street and Fifth Street. He inquired if the City Clerk had the Affidavits of Publication and Posting, to which the City Clerk responded in the affirmative. it was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to receive and file the Affidavit. Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mr. Goggin reported the alley extends only behind two properties; it serves no purpose; and both properties take full access from the street. He said the sewer and man hole would be maintained by the City on an easement basis, and each property would receive one-half of the vacated alley. Mayor Greene inquired if there was anyone present to speak in opposition to the Vacation, and there was no response. He then inquired if there was anyone present who wished to speak in favor, and there was no response. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to close the hearing. RESOLUTION NO. 3548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF THE ALLEY EAST OF SMALLWOOD AVENUE BETWEEN FOURTH STREET AND FIFTH STREET The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3548. Mayor Greene declared that this is the time and place for the public hearing on Adoption of an Extension of Interim Ordinance relating to Prohibiting the Issuance of Building Permits in the Redevelopment Project Areas and the Downtown Reinvestment Planning Area, Except upon Authorization of the City Council. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman and seconded by Councilman Swearingen to re- ceive and file the Affidavit. Mr. Goggin reported an emergency ordinance was adopted four months ago so that the City would have the right to review any developments within the area specified. He said further time is needed for staff to prepare rules and regulations, and a public hearing is required on this matter to extend the emergency ordinance for a period of eight months. Staff expects to submit a preliminary plan of conditions the middle of next month for review by the Council and also to present a final ordinance for adoption. Mayor Greene inquired if the City Clerk had received any written correspondence, and the City Clerk replied he had not. Mayor Greene then inquired if there was anyone present wo wished to speak in favor of extending the interim ordinance, and there was no response. He asked if there was anyone present who wished to speak in opposition. Council Minutes 6/13/78 -3- Catherine Dimmick, 9365 Otto, said she has business in the Redevelopment Area. She indicated the funding under the Redevelopment Plan, in view of Proposition 13, seems shakey. She said she sees no need for the emergency ordinance. Mr. Thompson advised the City Council has agreed not to proceed in the Redevelop- ment Area until owner -participation agreements have been developed. There being no one else wishing to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to close the hearing. ORDINANCE NO. 546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING ORDINANCE NO. 541 PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR AN EIGHT MONTH PERIOD IN THE REDEVELOPMENT PROJECT AREA AND DOWNTOWN REINVESTMENT PLANNING AREA EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL (EMERGENCY) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to adopt emergency Ordinance No. 546. A discussion was held regarding extension of the interim ordinance. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Mayor Greene declared that this is the time and place for the public hearing on Adoption of Extension of Interim Ordinance relating to Prohibiting the Issuance of Permits for Massage Parlors and Adult Entertainment Zoning. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman and seconded by Councilman Miller to receive and file the Affidavit. Mr. Goggin reported the Council previously adopted an interim ordinance. Staff has prepared a preliminary draft which will be presented to the Planning Commission for public hearing and final submittal to the Council. Mayor Greene inquired if there was anyone present who wished to speak in favor of extending the interim ordinance, and there was no response. He asked if there was anyone present who wished to speak in opposition, and there was no response. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing. ORDINANCE NO. 547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING ORDINANCE NO. 540 PROHIBITING THE ISSUANCE OF PERMITS FOR AN EIGHT MONTH PERIOD FOR A STUDY OF MASSAGE PARLORS AND ADULT ENTERTAINMENT ZONING (EMERGENCY) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt emergency Ordinance No. 547. Mayor Greene declared that this is the time and place for the public hearing on Proposed Amendment to the Downey Municipal Code (Comprehensive Zoning Map), Zone Change Case No. 128, Florence Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Miller and seconded by Councilman Jackman to receive and file the Affidavit. Mayor Greene inquired if the City Clerk had received any correspondence on this matter. Mr. Shand replied a letter was received from Santangelo Realty concurring with the Zone Change. Council Minutes 6/13/78 -4- 6063 A letter from the Reinvestment in Downey Citizen's Committee, dated June 8, 1978, was made a part of the record of this hearing. Mr. Goggin commented on receipt of a letter from Mrs. Alice A. Copeland, 10232 Western Avenue, in opposition to rezoning the R-3 portion on Western Avenue. Mr. Goggin reported this zone change involves both sides of Florence Avenue be- tween Lakewood Boulevard and Paramount Boulevard, excluding "those portions already commercially zoned at the intersections of Lakewood and Paramount. He commented on the zoning of properties involved and said the C-P zone proposed is professional and commercial with no retail sales. Mr. Goggin stated the area involved for rezoning was advertised for hearing, and a portion included outside that area is referred to as the "green area" which consists of adjoining properties of people who might wish to be included in this; however, they are not properties included in the area recommended for zone change. Mr. Goggin further reviewed the purpose of rezoning this area along Florence, the present zoning of which has been in effect since the City incorporated. He said the conclusion of the adopted General Plan in 1973 is that professional and office -type uses are proper developments for Florence Avenue between Paramount and Lakewood. He cited the commercial development of this area which covers approximately 65 percent of the land use involved. Also, he noted the State has enacted legislation requiring that the General Plan and Land Use Element be in conformity with each other, and in this case, much of the land is still R-1 but is proposed for C-P use. This zone change will meet State requirement. Mr. Goggin indicated the Environmental Impact Report was approved as being in conformance with the California Environmental Quality Act and approved by the Planning Commission. He reviewed the provisions of Section 9170.14 of the revised Comprehensive Zoning Ordinance regarding the conditions necessary for the adoption of a zone change and noted that if this section of Florence Avenue is left in its present state, there would be a mixture of R-1 homes and commercial uses which are not compatible with each other and have a tendency to deteriorate the area. Responding to questions, he explained that if there is a zone exception for a use not permitted in this zone change, it would be a non -conforming use with an abatement period. Mayor Greene inquired if there was anyone present who wished to speak in favor of Proposed Zone Change Case No. 128. Mr. Santangelo read a prepared statement on behalf of the Downey Chamber of Commerce. He concluded that the Chamber, at its June 12th board meeting, voted to support the zone change in the five sub -areas proposed by the Planning Commission. He requested that the minimum lot width to be developed should be carefully con- sidered so as not to allow small buildings to detract from the present trend on Florence Avenue at the present time. Mr. Harold T. Treadway, 9277 Otto Street, representing Jack LaLanne European Health Spa, said he favors the zone change so the remainder of Florence Avenue would be developed in conformity with the zone exceptions already granted and in conformity with the City's General Plan. Mr. Roy Richter, 8507 7th Street, feels the zone change would be consistent with the established pattern. Mr. Willis R. Hanes, 8601 Florence Avenue, stated as an architect in the community he has worked hard with the City to achieve the rezoning of Florence Avenue. Mr. Ray Noxel, owner of property at 8206 Florence Avenue and representing 8050 and 8060 Florence Avenue, spoke in favor of the zone change and commented that his property was developed mostly through zone exception, which will expire after a 20-year period. He favored C-1 zoning of his property on the south side of Florence. Mr. Norman Selman, owner of 8415 Florence Avenue, said the zone change would be natural for proper growth of the City. Mr. Harvey Jack Muller, owner of 8112 Florence, stated he purchased the property on the basis it would be developed commercial and professional. Mr. Kenneth G. McCloud, owner of 8280 Florence Avenue, supported the zone change. There being no one else present to speak in favor of the proposed Zone Change, Mayor Greene then asked if there was anyone present to speak in opposition. Mr. Greg Rosenthal, 10013 Tristan Drive, said he is the spokesman for a group of homeowners who would be adversely affected by the proposed zone change. He noted a petition containing over 200 signatures was submitted to the Planning Commission in opposition to the zone change and stated the homeowners' group is not in accord with the proposed amendment to the comprehensive zoning map to change existing residential property to a C-P zone. Mr. Rosenthal pointed out there are three properties on Council Minutes 6/13/78 -5- G064 Birchdale which are on the master plan to possibly be changed from R-1 to C-P and said this would be an encroachment into the residential areas. The homeowners' group does not want any of the zoning changed of residential properties on Florence Avenue. Mildred Fox, 8061 Florence Avenue, stated she resides on her property. She indi- cated an abatement period would make it difficult to sell the residential properties and she cited the vacancy factor of offices on Firestone Boulevard, Downey Avenue, Paramount Boulevard, Second Street, Florence Avenue, and Lakewood Boulevard. Mr. Leslie Olson, 8129 Florence Avenue, said a 20-year abatement period would create a hardship and possible financial loss if anyone is forced to sell his resi- dential property. He suggested a section be added to the Zoning Ordinance which would state structures would not have to be removed if kept in decent repair. Harriet Doran, 9846 Birchdale, spoke regarding the Environmental Impact Report and commented on the hazardous effects the zone change would have on children travel- ling to and from school due to increased traffic. Dorothy Rosenthal commented on the history of homeowner problems near commercial property creating parking and traffic problems on residential streets. She particu- larly cited the corner of Florence Avenue and Tristan Drive. Mr. Jim Doran, 9846 Birchdale, discussed the encroachment of commercial zoning on residential property. Mr. Richard Moore, residing at 8135 Florence Avenue, does not feel the demand for C-3 zone is that great. He said the demand for single family is far greater than the supply, particularly in Downey. He said the 20-year abatement period would create a hardship on residential properties in this area. Mr. Ed Reinke, 8111 Florence Avenue, said he is not opposed to the zone change but to the 20-year limit. He pointed out his home is a hollow the structure. Ms. Pat Williams, 7711 De Palma, said she believes the right of the homeowner has to be protected at all cost. Gertrude Ullrich, 8136 Florence Avenue, presented a petition signed by 16 of the -- property owners on Florence. She said the change of zoning could increase the taxes. Catherann Schrader, 8576 Florence Avenue, stated the rezoning would cut her property value in half. She objected to the 20-year abatement period. Mr. Tony Fernando, 8118 Florence Avenue, spoke in opposition to the zone change and heavy traffic on Florence Avenue. Mr. Ron Reagan, 7870 Baysinger, inquired if the City is contemplating moving the barricade on Baysinger east of his property. Mr. Spindel replied this was discussed but is not proposed and would not be proposed without the concurrence of the people on the street. There being no one else wishing to speak, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to close the hearing. Mayor Greene asked if a solution could be worked out regarding the 20-year abatement period. Mr. Goggin replied if it is changed, it would not apply just to this zone change but would apply to the entire City. He pointed out there are many times when a neighborhood would not want a building to extend beyond its life span under the code, and this is one way of removing buildings that are sub -standard, undesirable, and retarding the development of certain areas. Councilman Jackman inquired if the Comprehensive Zoning Ordinance can be changed for an extension of time. Mr. Sorensen explained the Council can establish an abatement period for resi- dential properties in commercial zones, but it would have to apply throughout the City. .Also, he mentioned there could be a different year period on residential homes in commercial zones as distinguished from manufacturing zones, if the proper findings are made, but to give an extension of time to homes within this zone would not be an appropriate classification and would be an unequal application of the ordinance. He said there is a provision in the ordinance that for good cause, an extension may be granted. Council Minutes 6/13/78 -6- G06130 Mr. Henry Swan, 10224 LaReina Avenue, inquired how soon after the zone change the properties would be taxed commercial. Mr. Goggin responded he was informed by the Assessor's office that the properties have been reassessed. He commented on zone exceptions for commercial development that have been granted on Florence Avenue and pointed out that uses of property determine the value of land. Mr. Sorensen advised that the question of amending the Zoning Ordinance relative to the abatement period is not before the Council at this time --there has not been a hearing by the Planning Commission. If the Council desires, it can approve the zone change and direct staff to study the matter of changing the abatement period. A discussion was held regarding the green area shown on the map of the proposed zone change. Mr. Sorensen explained the Council has the option of approving the zone change within any portion of the advertised area, including the green line. Roll call vote on motion to close the hearing: AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to direct staff to prepare the necessary ordinance to affect the Zone Change as recommended by the Planning Commission. Councilman Mackaig asked if the Council objected to changing the property on the south side of Florence near the corner of Paramount to C-1. He said this would con- form to the zoning of properties on Florence near Lakewood. Mr. Goggin explained this was not proposed by the Planning Commission. He commented the building was built under zone exception and designed for professional type use. Mr. Noxel said he has tried to maintain the building and keep it for office use. Mr. Sorensen stated there was no advertising for C-1 zoning, and he does not think there is any authority of the Council to grant C-1. It would first have to go back to the Planning Commission for hearing. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by unanimous vote to direct the Planning Commission to conduct a hearing relative to amending the abatement period as applied to the structure of homes as non -conforming uses. Mayor Greene declared a recess from 10:26 p.m. to 10:32 p.m. The meeting resumed with all Council Members present. Mayor Greene declared that this is the time and place for the public hearing to determine whether the public interest, convenience and necessity require the Acquisition of Certain Real Property along Fifth Street between Downey Avenue and Brookshire Avenue. He inquired if the City Clerk had the Affidavit of Mailing Notice to Property Owners, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman and seconded by Councilman Swearingen to receive and file the Affidavit. Mr. Spindel noted 26 of the 28 parcels involved have agreed to the acquisition, and in order to institute eminent domain proceeding, the Council must adopt a resolution of necessity. He said the property owner at 8437 Fifth Street has re- quested, this public hearing. The properties who have not signed agreements are 8437 and 8412 Fifth Street. Mr. Sorensen recommended that 8423-25 Fifth Street be left as part of the resolution because the documentation has not been completed. Mr. Shand read a letter from Marcarita Medina, 8437 E. Fifth Street, requesting that her husband be allowed to speak at the hearing. Mayor Greene asked if Mr. Medina was present to speak to the Council, and there was no response. He asked if there was anyone else present who wished to speak. There was no response. Council Minutes 6/13/78 -7- It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. RESOLUTION NO. 3549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF FEE TITLE IN CERTAIN REAL PROPERTY FOR PUBLIC STREET PURPOSES AND ALL USES APPURTENANT THERETO The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3549. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Special Called Meeting, October 5, 1977; Joint Meeting with Planning Commission. Mav 23. 1978; Regular Meeting. Mav 23. 1978; Adjourned Regular Denial of Legal Claims: Ref. #374, Jack, Olivia, Jill, and Tina Roberts; and Ref. #378, Judy McWilliams. Cash Contract #SS-315, Gardendale Street, Paramount Boulevard to Downey Avenue: Accept improvements completed; approve changes in work; and accept responsibility for maintenance thereof (Account #26-16174). General Warrants #160858 - 161366; #204679 - 204741: $1,206,510.00. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene ORAL COMMUNICATIONS (Items not on Agenda) Mr. Russell Lamkin, 7417 Third Street, representing the Downey Senior Citizens Organization, said they fulfilled all of the requirements for a Fireworks Stand. He mentioned they then selected the large parking lot at Pic & Save store near Lakewood Boulevard on Firestone and received approval of the property owner. However, it was then discovered this location is in Fire Zone I, which made it a questionable loca- tion. Mr. Lamkin requested Council consideration to sell fireworks at this location. Chief Wood explained the ordinance clearly restricts fireworks stands to specific locations and zoning areas within the City, and it also authorizes the Fire Chief to consider those areas that have high risk. He said a fireworks stand falls in the classification of E-2 occupancy, and no E-2 occupancy under the City's Building Code is permitted. Chief Wood noted that to permit a fireworks stand in Fire Zone I would add to the deficiencies of the City's insurance rating and would be a disservice to the community. Mr. Jack Smith, 8368 7th Street, representing the Viking Booster Club at Downey High School, said he has a location at Boy's Market on Paramount next to McDonald's. Mr. Goggin stated the code permits fireworks stands in the C-2, C-3, M-1, and M-2 zones, and Boy's Market is in the C-1 zone. Councilman Jackman does not concur with the C-1 zone restricting sale of fireworks. Mr. Melvin Terry, 12642 Coldbrook, representing Downey Elk's Lodge, said they selected the location at Stewart & Gray and Paramount at the taco stand; this is a C-1 zone and it was cleared by the Fire Department. Mr.. Goggin explained the zone classification would have to either be changed to C-2 under the new code, or amend the zoning ordinance to permit fireworks stands in the C-1 zone. Discussion followed. The heliport site was suggested as a possible location. Mr. Thompson said the Council might want to authorize waiving the required 500 foot separation between stands to allow more locations to be available. Council Minutes 6/13/78 -8- Councilman Jackman directed that the Council change for next year the use of 07 fireworks to be permitted in the C-1 zone. Mr. Goggin suggested the former White Front property might be available. Mr. Thompson said staff will work with these organizations to find a location. Mr. Lamkin stated since the sale of fireworks is a new program in the City, he would recommend evaluating the program and locations on an individual basis. Councilman Mackaig advised that he and Councilman Swearingen looked at 9612 Birchdale Avenue and requested information from staff relative to parking on the apron in front of the property. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by unanimous vote to continue with the construction of Birchdale as planned before the stoppage. Mr. Stanley Johnson, 9616 Birchdale, asked if his neighbors at 9612 Birchdale will be able to park vehicles on the berm. Mr. Spindel replied they will be able to park on the driveway apron. Mrs. Harding thanked the Council for its consideration on this matter. ORnTNANCRS The Ordinance amending the Downey Municipal Code relating to Noise was taken under submission pending further information from staff. The Ordinance regarding Terms in Office for Certain Boards and Commissions was withdrawn at the request of the City Attorney. RESOLUTION NO. 3550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF A WATER EASEMENT AFFECTING PROPERTY THAT IS WESTERLY OF DOWNEY AVENUE AND HAVING FRONTAGE ON STEWART AND GRAY ROAD AND FONTANA STREET The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3550. RESOLUTION NO. 3551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING CURB STOPPING AT ANYTIME ALONG THE WESTERLY SIDE OF LAKEWOOD BOULEVARD FROM ROSECRANS AVENUE NORTHERLY 480 FEET AND RESCINDING THE PRESENT 7-9 A.M. AND 4-6 P.M. NO PARKING RESTRICTION The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3551. RESOLUTION NO. 3552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING THAT PORTION OF RESOLUTION NO. 1864 WHICH AUTHORIZED THE ONE -HOUR PARKING RESTRICTION ON THE WESTERLY SIDE OF PARAMOUNT BOULEVARD NORTH OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY (60 FEET) The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3552. Council Minutes 6/13/78 -9- IGC68 RESOLUTION NO. 3553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING ZONE VARIANCE #22 The Resolution was read by title only. It was moved by Councilman Miller and seconded by Mayor Greene to waive further reading. It was moved by Councilman Miller, seconded by Mayor Greene, and passed by unanimous vote to adopt Resolution No. 3553. RESOLUTION NO. 3554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MRS. BUFORD (BETTY) LOGAN AS A MEMBER OF THE LIBRARY ADVISORY BOARD RESOLUTION NO. 3555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF MR. JOSEPH E. DI LORETO AS A MEMBER OF THE PERSONNEL ADVISORY BOARD RESOLUTION NO. 3556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF PAUL J. RICCOBON TO THE RECREATION AND COMMUNITY SERVICES COMMISSION RESOLUTION NO. 3557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF RICHARD M. ZIEGLER AS A MEMBER OF THE LOS ANGELES COUNTY-DOWNEY REGIONAL PUBLIC RECREATION AREA COMMISSION The Resolutions were read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution Nos. 3554, 3555, 3556, and 3557. RESOLUTION NO. 3558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF PAUL N. BARRON AS A MEMBER OF THE PERSONNEL ADVISORY BOARD RESOLUTION NO. 3559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JOHN K. MORRIS AS A MEMBER OF THE PLANNING COMMISSION The Resolutions were read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution Nos. 3558 and 3559. RESOLUTION NO. 3560 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE ACTION OF THE BOARD OF SUPERVISORS, COUNTY OF LOS ANGELES, DESIGNATING THE 1975-76 TAX RATE AS THE BASIS FOR THE ALLOCATION OF REVENUES The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No. 3560. Council Minutes 6/13/78 -10- RESOLUTION NO. 3561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADVOCATING A POSITION FOR THE CITIES OF CALIFORNIA FOR THE ALLOCATION OF THE PROPERTY TAX AS LIMITED UNDER PROPOSITION 13 The Resolution was read in its entirety by the City Clerk. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3561. CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to award Cash Contract #SS-326, Gallatin Road - Lakewood Boulevard to Downey -Sanford Bridge Road, in the amount of the unit prices bid, to West Coast Paving of Covina, the lowest and best bidder, and authorize the transfer of funds in the amount of $7,000 from Account #26-16178 to Account #26-16189. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to authorize payment to property owner for acquisition of real property on S.S. Project #328 Fifth Street Widening Downey Avenue to Brookshire Avenue (Account #26-16191). It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to accept the improvements completed in conjunction with Cash Contract #409 Parking Lot, Apollo Park Neighborhood Center; approve changes in the work; and accept responsibility for maintenance thereof (Account #29-1-3933). Cash Contract #433 Downey Theatre Rehearsal Room Heating & Air Conditioning Councilman Miller suggested this be held and considered with the Budget. it was moved by Councilman Jackman and seconded by Mayor Greene to approve plans and specifications and authorize advertising for bids. Following discussion, Cash Contract #433 was taken under submission. Cash Contract #415, City Hall Canopy. The Council took no action. MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to approve the following Committee Appointments representing District 4: Traffic Committee: Mr. Jerry Stumpf (to replace Mrs. Francine Hsu). Health & Environmental Sanitation Committee: Mr. Mike Betor (to replace Mrs. Madeline Koenig); and Mr. Jim D'Alessandro (to replace Mrs. Shirley Niemand). it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve the following Committee Appointments representing District 2: Civil Defense & Disaster Council: Reappoint Mr. Richard Raabe and Mr. Roy Davis. Rose Float Committee: Reappoint Mr. Robert Webber. Traffic Committee: Reappoint Mr. Cecil Parish. Health & Environmental Sanitation Committee: Mrs. Martha L. Barron (to replace Mr. Raymond Breaux); and Mrs. Faith Temple (to replace Mr. Abraham Lutfi). At the request of the Fire Chief, Replacement of Radio Equipment, Joint Communication Center, was held over. Request by Recreation & Community Services Commission for Joint Work Session with City Council Councilman Mackaig requested postponement of this until his appointee can be pre- sent, inasmuch as his term will not commence until July lst. Mr. Neavill advised the Commission has indicated its concern regarding the Budget and would request the meeting be set prior to the Budget's adoption. He said the Commission has also stated concern regarding its future with respect to parks, recreation, and community services. A meeting between the City Council and Recreation & Community Services Commission was then set for 5:00 p.m., June 26, 1978. Council minutes 6/13/78 -11 A public hearing on Zone Change Case #130, 7326-38-44- 1978, in the Council Chamber 000 Lakewood art & Gray Road, was set for Downey City Hall. •ard, and Zone p.m., July 11, It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to appoint Mayor Pro Tem Kenneth J. Miller to the Board of Directors on the Second Century Foundation. AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller STAFF REPORTS Speaking to the Fireworks Ordinance, Chief Wood suggested the Council set a firm and definite policy concerning the sale of fireworks. Councilman Jackman asked the Council to consider changing the ordinance to allow sale of fireworks in the C-1 zone. A brief discussion was held regarding the letters received concerning the Council's action to approve the plaque in the Downey Theatre. Councilman Mackaig said he would like to make an appointment to the Planning Commission, but the current appointee has not resigned. He asked how this can be handled. Following discussion, it was determined that pursuant to Section 902 of the City Charter, appointees to boards and commissions shall be subject to removal by motion of the City Council. Mr. Sorensen pointed out this would apply to the boards and commissions con- tained in the Charter which are the Planning Commission, Personnel Advisory Board, and Library Advisory Board. The Water Board, Parking Place Commission, and Recreation and Community Services Commission have been established by ordinance, and those members serve at the pleasure of the Council. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to remove the appointee for District 4 on the Planning Commission. Councilman Miller and Mayor Greene preferred that a letter requesting resignation be sent to the appointee. AYES: 3 Council Members: Jackman, Mackaig, Swearingen NOES: 1 Council Member: Miller ABSTAIN: 1 Council Member: Greene At 11:55 p.m., the meeting was adjourned to 7:00 a.m., June 16, 1978, in the Council Chamber of the Downey City Hall. Robert f. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 6/13/78 -12-