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HomeMy WebLinkAboutMinutes-02-27-73-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 27, 1973 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION; Minutes, February 13, 1973, as amended Approved Comm. from City Hope Chairman re Support for Project Hope & Project Hope Ship Hearing on Appeal, Z.E. Case #1112, 7528 Hondo St. Legal Claims (for information only) #100, Xerox Corporation Payroll Warrants General Warrants CC #303, Unit 4, Downey Rio Hondo Golf Course Cart Paths - Acceptance of improvements CC #331, Sanitary Sewer Main, Imperial Hwy., Woodruff Ave. ely - Transfer of funds CC #328, Orizaba Ave. E/s from 520' to 3611 S/o Orange - Award of contract Sidewalk Matching Funds (Excluding M.F. #187) Paving Matching Funds DIP #639, W/s Sideview Dr. bet. Cedartree & Brookpark - Authorize Chapter 27 for sidewalk & driveway aprons '... DIP #640, E/s Sideview Dr.. bet. Cedartree & Metro - Authorize Chapter 27 for sidewalk & driveway aprons DIP #641, E/s Sideview Dr. bet. Metro & Brookpark - Authorize Chapter 27 for sidewalk Three -Year Contract for Towing and Storage of Vehicles Architectural Agreement for New Headquarters Fire Station Building Consultant Agreement --General Plan. Resolution #2772, Amending Personnel Manual to Merge Motor Sweeper Operator into Maintenance Leadman Appeal, Z.E. Case #1096, 8509-13 Imperial Hwy. & 12580 Brookshire Ave. Appeal, Z.E. Case #1091, 7214 Glencliff Dr. Page 1 of 1 Proclamation to be prepared Set for 3/12/73 No action Approved Approved Approved Approved Approved Approved Denied Approved Approved Approved Approved Approved; Mayor auth. to sign Approved; Mayor auth. to sign Adopted PAGE NO. Approved, subject to conditions Taken under submission to next meeting 1 1 1 1 1 2 2 2 2 2 3 3 3 3 3 4 4 f: 0 7 119598 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 27, 1973 The City Council of the City of Downey held a regular meeting at 8:00 a.m., February 27, 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 Councilmen: None ALSO PRESENT: Charles W. Thompson, City Manager Donald B. Robison, Assistant City Manager Royal M. Sorensen, City Attorney Ervin Spin.del, Director of Public Works William A. Coggin, 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 Mayor Thomas Morton welcomed Sister Mary Stevens, Sister Mary Brid, and two eighth grade classes of St. Raymond's Elementary School. He extended the Council's congratula- tions to St, Raymond's basketball team for entering the final play-offs, as well as having their drill and cheer team winning the Western California Championship. The Invocation was delivered by Reverend Alvin Young, Messiah Lutheran Church, followed by the Flag Salute led by Gary Hensen, St. Raymond's Student Body Vice President, Referring to Page 9 of the Minutes of the City Council Meeting of February 13, 197 the second to last paragraph under the City Manager's Report, second line, Councilman Richard Jennings requested the word "viable" be changed to "variable". It was moved by Councilman Donald Winton, seconded by Councilman. Walter Temple, and so ordered to approve the Minutes of the City Council Meeting of February 13, 1973, as amended. Communication from, the City of Culver City regarding Uniform. Sales and Use Tax. Ordered filed. Communication from Public Utilities Commission regarding Joint Applicati.on of Southern California Gas Company and Pacific Lighting Service Company for Authorization to Revise Rates. Ordered filed. Communication from City of Paramount regarding Realignment of City Boundaries on Gardendale Street. Ordered filed, Communication from City Hope Chairman. regarding Support for Project Hope and the Project. Hope Ship. Mayor Thomas Morton. stated a proclamation will be prepared. Communication. from Stanley A. Meyers requesting a Hearing on Appeal, Zone Exception Case #1112, 7528 Hondo Street. It was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to set a hearing on. Appeal, Zone Exception Case #1112, 7528 Hondo Street, for 7:30 p.m., March 12, 1973, in the Council Chambers of the Downey City Hall. LEGAL CLAIMS (for information only) Ref. #100, Xerox Corporation It was moved by Councilman Richard Jennings, seconded by Councilman Walter Temple, and passed by the following vote to approve Payroll Warrants #01698 through #02236, $224,066.97. Council Minutes 2/27/73 -1- 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 General Warrants #23581 through #23766, $170,419.78. 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 Richard Jennings, and passed by the following vote to accept the improvements completed under Cash Contract #303, Unit 4, Downey Rio Hondo Golf Course Cart Paths. 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, an.d passed by the following vote to authorize the following transfer of funds on Cash Contract #331, Sanitary Sewer Main, Imperial Highway, Woodruff Avenue easterly. Amount From To $13,200 Fund 72 A/C #10-13897 AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Following a summation of bids, it was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to award Cash Contract #328, Orizaba Avenue, East side from 520' to 361' South of Orange Street, in the amount of the unit prices bid, to Pryor -Finch Constructors of Burbank, the lowest and best bidder. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None It was moved by Councilman Joseph. DiLoreto and seconded by Councilman Walter Temple to approve Sidewalk Matching Funds. (See amended motion.) Responding to a question by Councilman Richard Jennings, Public Works Director Ervin Spindel explained the request for matching funds at 8204 Orange Street is for sidewalks that are being built in conjunction with a parcel map at Orange and Orizaba. He said the developer has requested matching funds even though, it is not in accordance with the adopted policy of the City Council. Councilman Jennings suggested M.F. #187, 8204 Orange Street, be deleted. Councilman Donald Winton inquired if M.F. #185, 191 and 192 are the result of Planning Commission actions. Mr. Spindel replied they are the result of zone exception cases, which under new policy are eligible for matching funds. The motion was amended as follows: It was moved by Councilman Joseph DiLoreto, seconded by Councilman Walter Temple, and passed by the following vote to approve Sidewalk Matching Funds at the following locations, excluding M.F. #1871 8204 Orange Street. E stimated M.F. No. Address City Cost 185 7109 Luxor Street $ 94.00 186 13153 & 13159 Blodgett Avenue 159.00 188 12345 Birchdale Ave. (Donovan St, frontage) 148.00 189 8724 Dalen Street 73.00 190 8619 Boyson Street 84.00 191 7509 Laura Street 113.00 192 11994 Pomering Road 494.00 Total Estimated City Cost $ 1,165.00 Council Minutes 2/27/73 -2- _ /,- -0 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 Walter Temple, and passed by the following vote to deny Paving Matching Funds at the following location: Estimated P.M.F. No.. Address City Cost 160 8204 Orange Street $ 403.00 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 initiation of Chapter 27 proceedings for side- walk and driveway aprons on Downey Improvement Project #639, West side of Sideview Drive between Cedartree and. Brookpark. Public Works Director Ervin Spindel explained the costs involved. 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, an.d passed by the following vote to authorize initiation of Chapter 27 proceedings for side- walk and driveway aprons on Downey Improvement Project #640, East side of Sideview Drive between Cedartree and Metro. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Downey Improvement Project #641, Ea.,st side of Sideview Drive between Metro and Brookpark Mayor Thomas Morton. inquired if the cost for the corner property includes the City's participation, Public Works Director Ervin Spindel replied the cost shown for the corner property is a total cost and does not include the City's participation, He said the files indicate the property owner will not be assessed the radius of the curve. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to authorize initiation of Chapter 27 proceedings for side- walk on Downey Improvement Project #641, East side of Sideview Drive between. Metro and Brookpark. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Three -Year Contract for Towing and Storage of Vehicles City Manager Charles Thompson explained the entire City will be split between two towing services, Doug's Tug and United Towing Service He said the new agreement is basically the same as the previous agreement, with the exception of the following changes: A bonding fee has been established for the service. Additional insurance is required. The price on the basic towing service has been increased from $12.50 to $14.50, Mr. Thompson stated these were the only two towing services within the City that met the requirements. It was moved by Councilman Donald Winton, seconded by Councilman Richard Jennings, and passed by the following vote to approve the new Three -Year Contract for Towing and Storage of Vehicles. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None Council Minutes 2/27/73 -3- CITY MANAGER'S REPORT City Manager Charles Thompson reported on the Architectural Agreement for New Headquarters Fire Station Building. He said after a review of a number of architects as to their background in the design of headquarter fire stations, it is recommended that the firm of Griffin & Banks of Buena Park be authorized for the architectural agreement. Mr. Thompson stated the contract is a flat amount of $23,000 for the entire work, including any necessary sub -work, such as structural, mechanical, electrical, or engineering. He said the sub -work would be hired under the supervision of the archi- tectural firm. Mr. Thompson commented that the agreement also includes an architectural inspection, which would be required under the work. It was noted that the agreement is essentially the same, in general terms, as the agreement for the Nature Museum. Responding to a question by Councilman Richard Jennings, Mr. Thompson explained the figures used to derive at the flat fee which, he said, is approximately 7-1/2 to 7-3/4 percent of the estimated preliminary cost for construction of the new headquarters. Discussion followed. Councilman Joseph DiLoreto commented on the responsibility of the architect. He requested the following change in. the agreement: Paragraph 7, Sub -paragraph (e) - That the percent for "construction phase" be reduced from 15 to 5 percent, with the addition of Sub -paragraph (f) to cover the remaining 10 percent for "final inspection" at the completion of construction. Mr. Thompson commented on this architectural agreement as compared to the architectural agreement for the nature museum. Discussion ensued. Mayor Thomas Morton inquired if the Council had any objections to revising Paragraph 7. No objections were stated. It was moved by Councilman. Joseph DiLoreto, seconded by Councilman Donald Winton, and passed by the following vote to approve the Architectural Agreement for New Head- quarters Fire Station Building, with the revisions as set forth, and authorize the Mayor to execute on behalf of the City. AYES: 5 Councilmen: DiLoreto, Jennings, Temple, Winton, Morton NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None City Manager Charles Thompson reported on a Consultant Agreement --General Plan, which is the result of Council authorization and budget approval for the securing of consultant help in certain elements mandated by State law as being requirements for the City's master plan. He said these are required by law to be completed by June 30, 1973, and the pro- posed agreement covers all of the elements of the environmental resources management element contained in the open space, conservation, and scenic highway element for the Comprehensive General Plan; that in addition, it is required that the consultant submit specific proposals which will lead to the revision of the Comprehensive Zoning Ordinance. Mr. Thompson stated the total amount of the contract is $15,000, with a 10 percent retention pending final acceptance of the program, and he recommended that the firm of VTN Consolidated, Inc., be authorized by the City Council. Councilman Richard Jennings stated he disagrees with the schedule on Page 4; that the first priority should be a Comprehensive Zoning Ordinance. Planning Director William Coggin explained the open space and conservation elements are mandatory by State law for June 30th of this year, and the two plans were scheduled to be adopted in conformance with that State law. He said he agrees with the need for a new Zoning Ordinance. It. was moved by Councilman Donald Winton, seconded by Councilman Joseph DiLoreto, and passed by the following vote to approve the Consultant Agreement --General Plan and authorize the Mayor to execute on behalf of the City. Responding to an inquiry by Councilman Walter Temple, Mr. Goggin explained Staff will be in on all phases of the consultant's work so that when the work is finished Staff will be able to carry on after the consultant leaves. He said it is hoped that the Sign Ordinance will be part of the Zoning Ordinance. Councilman Jennings stated he feels the Comprehensive Zoning Ordinance should still be the first priority in the City. Council Minutes 2/27/73 -4- Roll call vote: AYES: 4 Councilmen: DiLoreto, Temple, Winton, Morton NOES; 1 Councilmen: Jennings ABSENT: 0 Councilmen: None City Manager Charles Thompson spoke regarding an amendment to the Personnel Manual regarding the position of Motor Sweeper Operator. He said it is recommended the title of Motor Sweeper Operator be deleted, which would allow the assignment of various existing classifications in the Street Section of the Public Works Department to the job. Mr. Thompson explained the position does not offer opportunities for advancement and not many people are anxious to pursue it as a career. In further explanation, Mr. Thompson stated there will be no change as far as the budget is concerned. He commented the same number of people will be assigned to the job; that the matter is brought up at this time because of the demise of one of the motor sweeper operators. Public Works Director Ervin Spindel mention.ed several people have been. assigned to the position on a temporary basis. He said it was thought that the position could be assigned on a rotational basis, as well as familiarizing as many personnel as possible with all types of duties on a rotational basis. Discussion ensued, It was moved by Councilman Donald Winton and seconded by Councilman Walter Temple to approve the amendment as recommended, RESOLUTION NO. 2772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE PERSONNEL MANUAL TO MERGE MOTOR SWEEPER OPERATOR INTO MAINTENANCE LEADMAN 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 Walter 'Temple, and passed by the following vote to adopt Resolution No. 2772. AYES: 4 Councilmen. DiLoreto, Jennings, Temple, Winton NOES: I Councilmen: Morton ABSENT: 0 Coun.cilmen: None ORAL CO�IMUNICA'IIONS Councilman. Donald Winton spoke regarding Appeal, Zone Exception Case #1096 8509-13 Imperial Highway and 12580 Brookshire Avenue, and the proposed conditions. He referred to conditions worked out between himself and Staff and stated the basis changes are as follows: Approval of the store, including the sale of beer and wine -- packaged liquor. Councilman Winton said this should be modified to packaged liquors for off -premise uses. The revised plot plan will reflect the same size structure with less than 17 parking spaces. There shall be no Loud speakers, music or lights that would be of a nuisance to the neighborhood. The permitted business shall not include the sale of gasoline. The hours for closing to be set for 10:00 p.m. to 6:30 a.m. Sunday through Thursday, and 11:00 p.m. to 6:30 a.m. Friday and Saturday. There will be no deliveries of merchandise between the hours of 8:00 p.m. and 7:00 a.m, and no Sunday deliveries. The City will have control of the curb openings on Imperial Highway, and in the event a safety problem develops, the Traffic Engineer may restrict its use to a right-turnentrance and exit. Council Minutes 2/27/73 -5- The shrubbery shall be retained within a maximum height and is not to interfere with the line vision of traffic at any time. The signs will be retained at their present size and present milliamps. Councilman Winton said the condition pertaining to signs, advertising matter, or valances was retained, excluding a portion relating to the placing of merchandise within an area where it could be visible through the window. City Manager Charles Thompson mentioned placing a limitation on the amount of space in the store devoted to the storing of beer and wine. He suggested 25 or 30 percent of shelf space or floor area. Councilman Winton said he would consider 30 percent to be reasonable, however, business will mandate the percentage to a degree. Discussion followed. Mayor Thomas Morton inquired if the space to be devoted to the storage of alcoholic beverages will not exceed 30 percent, including storage and refrigeration, of the total square footage of the building. Councilman Winton replied basically yes. A revised plot plan was displayed and Planning'.Director William Goggin commented on. the reasons for reducing the size of the parking area. Discussion ensued. Speaking to the matter of sidewalks, Councilman Joseph DiLoreto explained that many of the buildings on Imperial Highway were put in under zone exception, and side- walks were required. He said this area is travelled by students and, therefore, he would request that sidewalks be required in this case on Imperial Highway and Brookshire Avenue. It was noted that a requirement for sidewalks shall be added as item 21 of the conditions. Speaking to condition No. 6, Councilman DiLoreto stated a person should be allowed to display the American Flag if he so desires. Mr. Coggin suggested in the approval that the parking be related to the ordinance requirements, Mayor Morton indicated "no less than the ordinance requires" would be appropriate. Referring to the requirement for sidewalks, Councilman Winton stated item No. 21, as contained in the original conditions, shall be added (as item No. 21) to the revised conditions. It was moved by Councilman Donald Winton, seconded by Councilman Walter Temple, and passed by the following vote to approve Appeal, Zone Exception Case #1096, 8509-13 Imperial Highway and 12580 Brookshire Avenue, subject to conditions, with the additions or amendments being established of a maximum of 30 percent of footage within the building designed for the storage of packaged liquor; deleting beer and wine and adding packaged liquors; adding Section No. 21 to the recommended 20 conditions, which would include all curbs, gutters and sidewalks to the Department of Public Works standards; and setting a minimum of parking spaces in relation to comply with the City codes. Councilman Jennings stated he does not agree with the need for a liquor store in a residential area. AYES: 3 Councilmen: DiLoreto, Temple, Winton NOES: 1 Councilmen: Jennings ABSENT: 0 Councilmen: None ABSTAIN: 1 Councilmen: Morton Councilman Walter Temple reviewed the events that have occured on Appeal, Zone Exception Case 111091, 7214 Glencliff Drive. He said the applicant and Planning Director have had meetings, and communications have been received from both. The City Council indicated it has not had an opportunity to review the communications. Council Minutes 2/27/73 _6_ auk On the consent of Counsel, it was moved by Councilman Walter Temple, seconded by Councilman Donald Winton, and so ordered to take Appeal, Zone Exception Case #1091, 7214 Glencliff Drive, under submission to the next City Council meeting. Mr. Robert Gonzales, 12621 Dolan Avenue, addressed the City Council and commented regarding the approval of Zone Exception Case #1096. He said he was out of town at the time of the public hearings and was unable to voice his opposition at that time. Mr. Gonzales referred to a survey he had taken and said the results were different than another survey presented to the City. Mayor Thomas Morton noted that the public hearing on this matter has been closed and the action is final as far as the City Council is concerned. Councilman Donald Winton spoke regarding the method by which the Council allowed six months of public hearings on the General Plan revision dating back approximately 2' years. He said at that time the property owner in this matter requested a zone change for the subject property; that a map of the property was color -coded, posted and made available; and the property has been proposed for a period of two years, for which there was ample opportunity to speak. Mr„ Gonzales and Councilman Winton discussed the sale of liquor and setback areas at the proposed grocery store location. Councilman Winton said all setbacks are in compli- ance with other setbacks along Imperial Highway. He also said the proposed store will limit liquor functions to 30 percent of floor space for sale, storage, and refrigeration, Councilman Richard Jennings inquired what the adopted General Plan shows for the subject property. Planning Director William Goggin replied 11R-3 .medium density", Councilman Winton commented it is not the adopted General Plan. Councilman Jennings said District One was adopted subject to change. Councilman Winton sta'ted'the property owner requested this change 2z'years ago, Councilman Jennings commented he wants the record to show what the General Plan calls for on that corner --it calls for R-3. Councilman Winton remarked he wants the record to show that the Resolution adopting the General Plan for District One read very clearly, "subject to change", and this is a change from the old General Plan. Councilman Walter Temple commented that the Apartment Survey Committee will be having a public hearing this evening at 7:30 p.m, in the;Council Chambers. He invited everyone to attend. Mayor Thomas Morton reported the Cable TV Committee held its first meeting. He said it was very well attended and included an outside guest speaker from the League of California Cities. Mayor Morton stated Minutes of the meeting will be typed up, and he invited the City Council to attend and participate in any future meetings. Mayor Morton commented the meeting will adjourn to executive personnel session, The Department -heads were excused, and the City Clerk was requested to remain for the final adjournment. City Attorney Royal Sorensen requested the Public Works Director remain to discuss a proposed settlement offer in relation to a condemnation action. The meeting was adjourned to executive personnel session at 9:17 a.m. The meeting resumed at 9:53 a.m. with all Councilmen present. There being no further business to come before the City Council, the meeting was adjourned at.9:55 a,m. ROBERT L. SHAND, CITY CLERIC THOMAS H. MORTON, MAYOR Council Minutes 2/27/73 -7-