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HomeMy WebLinkAboutMinutes-01-09-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 9, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Resolution #3625, commending Richard M. Barrett of Power Circuit Breakers, Gould, Inc., making possible Children's Spray Pool to be const. at Independence Park Presented to Mr. Barrett Ordinance amending DMC Sec. 9122.04 & Adding Subsec. (20.a) re Fireworks Stands Zone Change #138 (pre -zoning) N/s Suva St., S/s Foster Bridge Rd. & E/o Scout Ave. Minutes: Reg. Mtg. December 12, 1978, & Adj. Reg. Mtg. December 19, 1978 General Warrants #172714 - 173069 #205367 - 205408 Introduced Hearing closed; form committee & meet w/Bell Gardens Approved Approved Ordinance #573, Amending DMC Sec. 9154.14 & adding Subsec. (4) (a) re Single Family Res.Adopted Ordinance amending Part 12, Chptr. 1, Art. III DMC re Traffic Regulations (re Street Cleaning Signs) Introduced Ordinance amending DMC to exclude minors from room or place where devices, etc. for smoking or injection of marijuana, etc. is displayed for sale Introduced Resolution #3626, Apprvg. Final Subdiv. Map of Tr. #34580, Apprvg. Agmt. w/Subdividers & Accptnce. of Letter of Credit (9227 Florence) Adopted Tract #34580, Florence at Chaney: Set in -lieu park fee @$175/unit, total $6300 Approved Resolution #3627, Apprvg. Apptmt. of Don Trapp to Planning Commission Adopted CC #438, Gutter Const. on.Songfest - Metro to Telegraph; Garnish - Appleby to Vista Del Rio; & Sixth - Brookshire to Dolan: Award to West Coast Paving (A/C #21-13952) Approved Appeal, Lot Split #698, Brookshire & Stewart & Gray Rd. Place on February 13th Agenda Appeal, Lot Split #711, 11711-15 Vultee Place on February 13th Agenda Acquis. public R/W located in Downey Ave. being sold under County Tax Sale 101A (A/C #40-13959) Approved Revised list of proposed Citywide Pedestrian/ Bicycle Imprvmt. Projs. dtd 1/3/79, & auth. submittal of appl. to SCAG for 1978-79 SB 821 alloc. for bicycle & pedestrian imprvmts. Approved Appropriation of Funds for Santa Gertrudes Mutual Water Co. Apptmts. of Pat McCallum & Sarah Flores to Rehabilitation Assistance Committee Approp. funds to construct fencing at Brookshire Park Withdrawn from Agenda Approved Failed PAGE NO. 1 1 4 4 4 4 4 5 5 5 5 6 6 6 6 6 6 6 7 Page 1 of 2 COUNCIL MINUTES, JANUARY 9, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Progress Report - Downey Theatre Management To be submitted prior to Proposal Council review on Feb. 13th Appeal, Zone Change #137, 8509 Imperial Hwy.: Grant C-1 zone & direct staff to pre. Ord. Approved 1979 Weed Abatement & Lot Cleaning Schedule For information only National League of Cities bill for city's share of building fund Submission to next meeting Letter re Downey's Religious Solicitation Referred to City Mgr. & Police Ordinance Chief for recommendation Resolution #3628, Adopting Relocation Rules & Regs. for Calif. Relocatn. Asst. Law Adopted Discussion re CETA Program Discussion re Invocation at Council Meetings Appointment of Councilman Swearingen to City Selection Committee (League Calif. Cities) Ordinance 4574, Prohibitng Conversion of Apartments to Condominiums or Co -Cps during study for such Conversions (Emergency) Request for black -out curtains on windows @ Apollo Park Neighborhood Center Request for City assistance re telephone service costs to hard of hearing people Meeting Adjourned to 4:30 p.m., January 16th Approved Adopted w/six month change PAGE NO. 7 8 8 8 9 9 9 9 9 10 10 10 10 Page 2 of 2 � :.J �4✓r"J� MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JANUARY 9, 1979 The City Council of the City of Downey held a regular meeting at 7-30 p.m., January 9, 1979, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding, PRESENTS Council Memberss 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 Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald Leege, Acting Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard F. Stup, Building Official John H. Saunders, Assistant to City Manager Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Mackaig. The Invocation was delivered by Father Clifford Gain, St, Marks Episcopal Church. PRESENTATIONS Mayor Greene presented a Resolution in n2reciation to Mr..Richard M. Barrett, General Manager, Power Circuit Breakers of Gould, Inc., for making possible a children°s spray pool to be constructed at Independence Park. (RESOLUTION NO. 3625) HEARINGS Mayor Greene declared that this is the time and place for the public hearing on Amendment to Downey Municipal Code Section 9122.04 Regulating Fireworks Stands. 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, seconded by Councilman Miller, and so ordered to receive and file the Affidavit. Mr. Goggin reported the Code Amendment was prepared at the request of the City Council to permit fireworks stands in the C-1 zone. Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition, it was moved by Councilman Jackman and seconded by Councilman Mackaig to close the hearing. 101:4 0diKOF4 WNLem AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9122.04 AND ADDING SUBSECTION (20.a) WHICH RELATES TO FIREWORKS STANDS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded to Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance. Mayor Greene declared that this is the time and place for the public hearing on zone Chance Case No. 138 (ore-zoninc). north side of Suva Street, south side o Foster the Af e Road, and east of Scout Avenue. He inquired if the City Clerk had t of Publication, to which the City Clerk responded in the affirmative. Council Minutes 1/9/79 -1- Councilman Mackaig said after reviewing parts of the proposal, he feels it needs more work, as well as questions to be answered, and he ask that this be con- tinued. He wants to be sure the property exchange is fair to the City of Downey, Mayor Greene concurred that there are questions he, too, would like to have answered, and there is a question on the exact boundary involved, Councilman Jackman indicated he would like to hear the public's input, Councilman Miller agreed on proceeding with the hearing, Mr. Goggin reported on the location of the property and said the proposal is for the City of Downey to annex property north of Suva Street, east of Scout Avenue, from the City of Bell Gardens, and for the City of Bell Gardens to annex property south of Suva Street from the City of Downey. He pointed out that when property is annexed from one jurisdiction to another, there is a requirement it be annexed in the same classification existing at the time of annexation. The proposal is to pre -zone to M-1 the undeveloped portion currently within the City of Downey to coincide with the M-1 zoning of the property to be annexed, Mr. Goggin mentioned there will be a parking buffer strip to protect the current residential and church development. He commented on a subdivision map prepared at the request of one of the people attending a recent meeting, but noted it is not a reasonable subdivision because of the narrow, shallow lots, and ingress and egress would have to be on already well -travelled streets, Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not, Mayor Greene then inquired if there was anyone present who wished to speak in favor of the zone change, Mr, Dennis O'Donnell, representing Coldwell Banker, a commercial brokerage company, stated he is representing both owners' interest concerning solving the problems with regard to marketability of the property. He said R 1 development was not considered to be a viable alternative. He commented that following evaluation of the sites, it was his professional opinion it would be in the best interest of everyone concerned to rezone the entire properties M-1 and proceed with the annexa- tion and de -annexation. The owners are in agreement with this. Mr. O'Donnell remarked the property has become a dumping ground and a nuisance to the owners, Councilman Jackman asked if the property to be annexed by Downey would be filled before it was sold. Mr. O'Donnell replied the property is being offered in an 00as is" condition. Mr, Fred Shubin, owner of property adjacent to the site proposed for rezoning, said as the property now stands, it is a detriment to the City and the person who owns it. The property contains a deep hole used as a dump, and if something is not done, the property will stay as it is. He feels people should study this more fully before stating their objections, Mr, Archie Wild, 7343 Coolgrove, raised questions concerning the exact loca- tion of the properties involved. Mr. Tony Gusich also raised questions regarding the City's boundary through what was formerly a settling basin for the Flood Control District and whether the City would lose or benefit by the annexation and de -annexation. There being no further speakers in favor, Mayor Greene inquired if there was anyone present to speak in opposition. Mr, Clark MacGillivray, 6789 Dos Rios, agreed the property does need to be developed, but he would like to see it as residential. If it is approved for in- dustry, it will be going against the desires of most residents in the area, Mr. Goggin explained plans for development would go before the Design Review Board, which will offer the best protection for everyone concerned, Mr. MacGillivray also stated concern regarding the odor and smog that would be generated from an industrial plant, as well as the possibility of heavy trucks coming out onto Suva. Mayor Greene suggested the possibility of having several citizens from this group, as well as several staff and Council Members, conduct a group meeting with the City of Bell Gardens. Council Minutes 1/9/79 -2- Mr, Thompson addressed the audience and indicated conditions have been placed — on industrial developments built next to residential neighborhoods resulting in good development and preservation of values, with the guarantee it would not be an odor,; fume, or smoke -producing operation; also, the operations are to be conducted within an enclosed building. Mr. MacGillivray said as a last resort, he would rather see the property developed for manufacturing than the way it is now, Mrs. Glendon, 9733 Guatemala, commented there is heavy traffic behind her property at night and during the early morning hours, and if that property is turned over to Bell Gardens, Downey will have no control over it whatsoever. Mr, Richard Albrecht, 7214 Glencliff, said industry at this location is not harmonious with the surrounding Downey areas, He referred to the preliminary subdivision sketch and said the lots could be enlarged. He also referred to a factual report and negative declaration filed by the Bell Gardens Planning Advisor what that City and the statement that access to the property will be by way of Suva Street and Bluff Road. Mr. Albrecht then questioned whether Bluff Road would be used as a truck routeandan access without agreement with the City of Downey. He concluded thehighest and best development for the property should be resi- dential, He called for six foot buffer walls to beerectedon the east side of Scout Avenue between Foster Bridge and Suva and on the south side of Suva by the western edge of Downey to Scout Avenue. Ms. Lois Buchanan,- 9651 Guatemala, concurred with the earlier remarks. She suggested asking Bell Gardens to rezone its portion to Downey°s residential zone and. she also feels the zone change will effect the traffic on Suva Street --the schools should also be considered. Ms.. Buchanan volunteered to serve on any committee formed to discuss this matter with Bell Gardens, Mr. Jim Lowe, 7330 Hannon, stated he has worked in a light manufacturing plant and they store dangerous materials. Mr. Stanley Jervis, owner of property on Foster Bridge Road, concurred with the previous remarks concerning appearance of the property under discussion, He suggested as an alternative to M-1, consideration should be given to a convalescent hospital or trailer park. Mr, Delfin Esguerra, residing on Finevale Drive, questioned whether an environmental impact study was done concerning the M-1 zoning for the property. Mr, Goggin replied an environmental check list was made, resulting in a nega- tive report, Ms. Susan Maple of Shadyoak Drive, suggested the City purchase the property and erect a park. There being no one else wishing to speak in opposition, it was moved by Councilman Jackman and seconded by Councilman Swearingen to close the hearing, Councilman Jackman asked about the total number of acres Downey would receive in the annexation as compared to the property to be annexed by Bell Gardens. Mr. O'Donnell replied the property owners are in the process of obtaining from a licensed survey engineering firm information concerning exactly where the municipal corporate boundaries intersect with both parcels; what portion of land was conceded during the recent widening of Scout Avenue; and the precise acreage involved in both parcels. He estimated there is approximately 2.7 acres in the parcel north of Suva and 2.3-2.4 acres in the parcel south of Suva. Mr. Thompson pointed out that there is no frontage on the property to be de -annexed, but there is frontage on the property to be annexed. In terms of square footage, he feels the tract south of Suva is larger. Councilman Jackman also inquired if the owner of the property to be annexed by Downey has assured it would be filled. Mr. O'Donnell replied he has no authority to make that representation on behalf of the owners. if the property is filled and compacted and a soil report and engineering survey is performed, the owner would expect to be compensated for those services, Council Minutes 1/9/79 -3- Councilman Jackman said the Council should know the cost to fill in the one property and provide proper drainage, as compared to the value of that property, for determining whether it would ever be developed. Mr, O'Donnell discussed the inquires he has received with regard to the pro- perty and noted he has not received one regarding development as residential, Councilman Miller feels some questions need to be answered as to whether it would be feasible for Bell Gardens to rezone the property south of Suva to R la also, is Downey receiving as much as Bell Gardens in the trade? He suggested the possibility of realigning the entire boundary, Councilman Miller indicated his choice would be light manufacturing over what is existing at the present time. He does not favor developing with residential or multiple dwelling units, Councilman Mackaig stated he would like to postpone this and investigate the possibility that maybe Downey is coming out ''on the short end of the stick." He would also like to look into the possibility of realigning the entire boundary, Councilman Swearingen favored a committee comprised of residents in the area, Council Members and staff to work out a logical solution with Bell Gardens, Mayor Greene agreed there are many questions to be answered. He also ex- pressed the hope that something can be done about the traffic on Suva and also that a committee can be formed to work on this. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to take the zone change under submission. A sine --week time limit was set for the committee study. Councilman Miller and Mayor Greene volunteered to serve on the committee. AYESs 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene People in the audience responded by a show of hands as to their willingness to serve on the committee. Mayor Greene declared a recess from 9s50 p.m. to 9s57 p.m. The meeting resumed with all Council Members present, CONSENT CALENDAR It was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to approve the Consent Calendars Minutes, Regular Meeting, December 26 1978„ and Adjourned Regular Meeting, December 19, 1978, General Warrants. #172714 - 173069g #205367 - 205408. $523,937.63. ORDINANCES ORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9154.14 AND ADDING SUBSECTION (4) (a) WHICH RELATES TO SINGLE FAMILY RESIDENCES The Ordinance 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 Mackaig, and passed by unanimous vote to adopt Ordinance No, 573. ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PART 12, CHAPTER 1, ARTICLE III, OF THE DOWNEY MUNICIPAL CODE, PERTAINING TO TRAFFIC REGULATIONS The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading, it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to introduce the Ordinance, Council Minutes 1/9/79 -4- k s:nd7l Councilman Jackman asked if this would give staff the _,",,;>A' g' privilege to post sigrn,s without petitions from property owners or without Council approval, Mr. Spindel responded it is his understanding of the Council°s discussion that only those streets would be posted where petitions from property owners are re- ceived or where determined by complaint and observation of street sweeper operators that there is a problem. If any protests are received, they could be referred to either the Traffic Committee or City Council, He also pointed out the Budget limitation this year is quite low, and all traffic regulation signs are included in the Budgeted item. During further discussion, Mr. Spindel noted it is felt the signs should be placed where they are needed and warranted for the first priority of traffic safety. He responded to questions regarding the cost to post signs on each street, which he said is approximately $140 for a standard City block. AYEsz 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE MUNICIPAL CODE TO REQUIRE BUSINESS PROPRIETOR TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP„ OR ANY CONTROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITIN THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO MINORS The Ordinance was read by title only. It was moved by Councilman Miller and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to introduce the Ordinance. Chief Martin explained this Ordinance is in essence the same being used in the cities of Norwalk and Lakewood, He said this was delayed waiting for the court decision on the request for injunction against the Lakewood Ordinance --the Superior Court refused to give that injunction, Chief Martin stated the decision could be taken to the Appellate Court and if the Lakewood Ordinance is subsequently over- turned, Downey would have to take action to repeal or amend its Ordinance, AYES 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene RESOLUTIONS RESOLUTION NO. 3626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 34580 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (9227 FLORENCE AVENUE) 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 Mayor Greene, and passed by unanimous vote to set the in -lieu park fee on Tract #34580, Florence Avenue at Chaney Avenue, at $175 per unit, for a total of $6300, It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3626 RESOLUTION NO. 3627 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DON TRAPP AS A MEMBER OF THE PLANNING COMMISSION The Resolution was read by title only. it was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No, 3627, CASH CONTRACTS It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to award Cash Contract #438, Gutter Construction on Songfest Council Minutes 1/9/79 -5- Drive - Metro Street the unit prices bid, to West Coast (Account #21-13952). MISCELLANEOUS COUNCIL ACTIONS sh Drive - Appleby Street to Vista Avenue to Dolan Avenue, in the sum of Covina, the lowest and best bidder Appeal, Lot Split #698, Brookshire Avenue and Stewart and Gray Road Mr. Goggin advised the applicant's representative has requested this matter be continued for another meeting. it was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to set Lot Split Appeal #698 on the Agenda for February 13, 1979. it was moved by Councilman Jackman and seconded by Councilman Miller to set Appeal, Lot Split 4711, 11711-15 Vultee Avenue, on the Agenda for February 13, 1979. it was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve acquisition of public right-of-way located in Downey Avenue being sold under County Tax Sale 101A (Account #40-13959). It was moved by Mayor Greene, seconded by Councilman Swearingen, and passed by the following vote to approve the revised list of proposed Citywide Pedestrian/ Bicycle Improvement projects dated January 3, 1979, and authorize submittal of an application to SLAG for the 1978-79 SB-821 allocation for bicycle and Dedestrian Mr. Spindel responded to questions regarding proposed use of the SB 821 allo- cation for sidewalk improvements at established bus stops which will be accessible to the handicapped. It was noted staff has met with the handicapped association to work out the locations that will be helpful. Mr. Spindel pointed out the City°s application must be received by January 12th, and it can be amended in the future. AYES. 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene The Appropriation of Funds for Santa Gertrudes Mutual Water Company was with- drawn from the Agenda. it was moved by Councilman Swearingen, seconded by Councilman Miller, and passed by unanimous vote to approve the Appointments of Pat McCallum and Sarah Flores to the Rehabilitation Assistance Committee. It was moved by Councilman Jackman and seconded by Councilman Miller to approve appropriation of funds to construct screen fencing at Brookshire Park, not to exceed $1,000, as a supplemental appropriation to Account #40-17128, transferred from Park In -Lieu Revenue Account #40-661. Councilman Jackman commented on his visit to the park and mentioned some of the homes have much lower fences on the east side than the one on the south side next to the apartment house. He said the residents claim the park is used very little except during the evening when teenagers in vans use the park for parties and. littering debri. He said he will vote no on this and feels if a fence is con- structed it should be done all the way around the park. Referring to the east side of the park, Mr. Neavill said because of the distance from the fence line to the homes, it was felt there was less need for a higher fence. Councilman Jackman suggested asking the Recreation & Community Services Commis- sion to consider closing the east side of the park. Councilman Miller asked about fencing the east side so that vans will not have ingress or egress from Bellder. Councilman Mackaig inquired whether the City erected the fence on the north sidle of the park. Mr. Neavill responded he was informed by City staff employed at the time that the screen fence was put in by the City. Councilman Mackaig stated he was informed the City did not erect the fence, and he would like further information on this. He said he discussed use of the park with one of the residents, who indicated the park is not used by residents in the neighborhood. He concurred with closing the park on the east side and selling that portion of the property. Council Minutes 1/9/79 -6- Chief Martin indicated special patrols will be made at the park, Councilman Jackman also suggested checking into the reason for a bicycle rack in the park when apparently it is not used. AYES. 0 Council Members: None NOES. 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene Failed. Progress Report - Downey Theatre Management Proposals Councilman Jackman said the performing arts groups had until January let to come up with a plan, and apparently they have not done so. He does not feel the time should be extended. He proposed making a feasibility study to use the Theatre building for part of the City Hall complex, with a Council Chamber and various offices, so that the Police Department would have more use of the present City Hall building, Councilman Jackman suggested the Building Official could do the study, and it should commence immediately. Mrs. Jean Albrecht, 7214 Glencli£f Drive, chairperson for the Downey Associa- tion of Fine Arts Committee, said the committee is composed of six organizations to study having a non-profit organization manage the Theatre. She indicated a report was made to the Recreation and Community Services Commission on January 2nd, who in turn will submit a report to the City Council. Mrs. Albrecht pointed out the groups are united in attempting to do something to keep the Theatre open at no cost to the City, and the Committee informed the Commission it would submit a pro- posal ten days from January 2nd. Councilman Jackman asked why the Director of Parks & Recreation was not invited to sit in on the Committee, Mrs, Albrecht replied he was not specifically invited, but he was not excluded either, and she pointed out the meetings were not regulated. The proposal is basically completed, and a meeting will be held Thursday evening to review it. She said Mr. Neavill will then present the proposal to staff for review before submit- ting to the City Council, Councilman Miller inquired what would be involved with regard to the cost for a feasibility study. Councilman Mackaig is concerned that the Director of Parks & Recreation was not invited to attend the Committee meetings. He concurred that the group has been given enough time to submit a proposal. He recalled that in executive session the Council discussed the time of January lst, and since it is a holiday whether it should be December 28th or January 9th, and it was unanimous the Council would go ahead with contingency plans as of that date. He suggested Mr. Stup prepare the feasibility study because he does not want to see a bill presented for a study. Mr. Thompson indicated the study can be done in-house, and he stated for the record the Council discussion referred to was not in executive session but in a study session, and the date for the proposal to be submitted was January 9th, Councilman Jackman suggested setting February 13th as the definite time for Council consideration of the proposal. The Council will receive a copy of the proposal at the time it is presented to staff, The feasibility study will be prepared by staff, Mr. Neavill mentioned the Pacific Ballet of Southern California has indicated an intent to submit a proposal, and they were asked to submit their proposal within the ten-day period. Also, he said the Ballet Company is inquiring about a three- year term contract, Mrs. Albrecht also indicated the Committee will be requesting a three-year lease. Appeal, Zone Change Case #137, 8509 Imperial Highway Mayor Greene stated for the record he has listened to the tape of the hearing and, reviewed the documents on file, Councilman Swearingen inquired about the legality of approving a zone change in, a City like Downey. Council Minutes 1/9/79 -7- Mr. Sorensen replied there are no court cases in this State passed on the question of where in the center of a residential zone a small piece of property is zoned for commercial? but, there are cases which have held that if there is a commercially zoned area, with a piece of property in the center zoned for resi- dential, which is severely limited in its use, then that is probably an arbitrary and discriminatory exercise of police power and, therefore invalid. He said where greater use of the property is granted there are no cases in the State that he has been able to find, Mr. Sorensen stated if the Council determined it was a reasonable zoning and no one attacked it, it would be valid. Councilman Mackaig said he does not feel the property should be "saddled" with 21 exclusions and he will vote for the zone change. Councilman Miller raised questions regarding the Planning Commission's deter- mination that the property had a negative impact and then was amended by the Council who said it did not have a negative impact. Mr. Goggin explained the Council or Commission is not bound to a decision based upon an Environmental Impact Report --the case can still be approved or disapproved. Councilman Miller feels it would be wrong to change the zone to where there would be "no strings attached" to future use of the property, although the applicant does run a good, clean operation. He indicated he cannot go along with the zone change but might consider a zone variance, wherein there would be set conditions that would still give the City power if the conditions are violated. Councilman Jackman stated his one concern is that a bar could be operated on the property, and that is one thing he would be very much against. However, he pointed out no one objected at the public hearing, nor have any of the residents he spoke with in the area voiced any objection to longer opening hours. He indicated he will vote for the zone change. Mr. Sorensen informed the Council he does not think it is absolutely essential as a condition preceding the change of a zone that the General Plan be changed. He said it would be compatible with good planning practice to indicate a proposed initiation of change in the General Plan so that the General Plan and Zoning Ordinance would be consistent. The only limitation is that the General Plan can only be amended three times a year. If the appeal is approved, the Council would direct preparation of an ordinance effecting the zone change. Councilman Jackman suggested incorporating this with future changes in the General Plan. Discussion followed. Mayor Greene indicated because of the way Mr. Betor has operated his business, which is an asset to the neighborhood, he will vote in favor of the zone change. Councilman Miller said Mr. Betor does run a good business, but he feels it would be wise for the Council to go with a zone variance so that conditions can be set within the limitations of C-1 property. He moved to refer the zone change back to the Planning Commission, withinstructionthat <a.zone .variance be recon- sidered, granting the user of the property the same use he would have under the C-1 zone. The motion died for lack of a second. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to grant a C-1 zone on Zone Change #137, and direct staff to prepare the appropriate ordinances. Mr. Goggin advised that Mr. DiLoreto of the DiLoreto Law Offices has requested a re -study of Imperial Highways and Florence Avenue to commercial uses. AYES-. 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller 1979 Weed Abatement & Lot Cleaning Schedule. Presented for information only. CITY MANAGER'S REPORT Mr. Thompson commented on notification received from the National League of Cities, who has adopted a policy of a fund to build its own building in Washington D.C., with each City in the Country participating in the cost. He stated Downey°s cost in total would be $2,106, or there are other alternate payment schedules available. This amount is over and above the annual dues. Council Meeting 1/9/79 -8- The Council requested further details. Taken under submission to the next meeting. STAFF REPORTS Mr. Sorensen mentioned the Council referred to him last meeting a letter from the attorney representing the Seventh Day Adventist concerning'Downey°s Religious Solicitation Ordinance. He said Downey does have some different time frames for religious solicitation than other solicitations, which is one of the complaints in the letter. He suggested referring the letter to the City Manager and Police Chief for their recommendation as to what should be done. Mr. Sorensen stated the Community Development Commission adopted Relocation Assistance Guidelines, and he recommended the Council do the same. RESOLUTION NO. 3628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING RELOCATION RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3628. ORAL COMMUNICATIONS Councilman Jackman mentioned reading a newspaper article concerning cuts in the SETA Program and asked whether this affects the crossing guards. Mr. Saunders stated the Program has been cut approximately 35 percent, but since Downey°s percentage has dropped, it is anticipated more CETA people can be hired. At this time, the cutbacks have not affected the crossing guards. Mayor Greene indicated he responded to a letter from the First Baptist Church regarding Invocation at Council Meetings and mentioned there has been a breakdown in communication between the City and the Ministerial Association. Mr. Shand explained the City Clerk's Office has attempted to follow-up by telephone. The Ministerial Association provides a schedule of Ministers to deliver invocations, but they have not been attentive in providing new lists. Councilman Jackman pointed out the Ministerial Association does not represent all of the Churches in Downey. Councilman Miller said he is the City°s appointee to the League of California Cities and inquired about appointing a Council Member to the City Selection Committee. Mr. Thompson remarked there is a meeting January 18th, to select a Chairman and Vice -Chairman, and he commented on the importance of the City having a member there for voting. It was moved by Councilman Miller, seconded by Councilman Mackaig, and so ordered to approve the Appointment of Councilman Swearingen to the City Selection Committee. Mr. Goggin said recently, there has been a push to convert apartment houses to condominiums, and a request is expected to be filed for a 460-unit apartment complex on Imperial Highway. He requested the Council adopt an emergency Ordinance prohibiting conversions for eight months, which would then permit staff to prepare a permanent Ordinance controlling the conversions. He has an emergency Ordinance to present at this time, which has been reviewed by the City Attorney. ORDINANCE No. 574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE CONVERSION OF APARTMENT BUILDINGS TO CONDOMINIUM OR COOPERATIVE APARTMENTS DURING A STUDY ESTABLISHING STANDARDS FOR SUCH CONVERSIONS (EMERGENCY) The Ordinance was read in its entirety. The Council preferred a six-month limitation on the Ordinance. Council Minutes 1/9/79 -9- It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt emergency Ordinance No, 574 with the sic -month change, OPAL COMMUNICATIONS Mrs, Signe Van Hoeven, 8533 East Donovan Street, discussed the Pitch-ln-Program, which is making more people aware of recycling needs. There is a film available to be, shown to groups upon request, and the AARP plans to show the film in the near future at the Apollo Park Neighborhood Center, She pointed out, however, there are no blackout curtains on the windows, and she asked if this could be looked into, Mrs, Van Hoeven mentioned the dispatcher for the senior citizen and handicapped bus service has attempted to contact the telephone company regarding special telephone service for the hard of hearing. The charge is $1,00 a month and $11,00 installation fee. She requested someone from the City contact the Telephone Company to see if these costs can be reduced and then notify the dispatcher of the results. She was requested to contact the City Manager regarding this. There being no further business to come before the City Council, the meeting was adjourned at 12.14 a.m. to 4:30 p.m„ January 16, 1979, in the Council Chamber of the Downey City Hall, t;�/mot Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 1/9/79 -10-