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HomeMy WebLinkAboutMinutes-10-28-75-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1975 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Resolution #3183, Ordering Annex. to City Lighting Dist. (Annex. 75/2 - 75/20) Removal of Items from Consent Calendar Minutes, October 13, 1975, as amended Agenda Correspondence Item CC #SS-276, Brookshire Ave., Imperial to Gardendale - Accept improvements General Warrants, #140603 - 140832; #148521 - 14853.8; #201782 - 201814 Underground Util. Dist. #8, Dolan Ave., et al - Req. from So. Cal. Edison to extend compl. date 30 days to Nov. 30, 1975 Ordinance #493, Adding Sec. 6220 to DMC re Permits & Business Licenses Ordinance #494, Amending Sec. 4231 DMC re Dog Licenses Resolution #3184, Ord. Dir. Comm. Dev, to make rpt. (Annex. 75/22-75/24, 75/27, 75/29-75/35) Engineer's Report Resolution #3185, Decl. Int. to annex to City Ltg. Dist. (Annex. 75/22-75/24, 75/27, 75/29-75/35) CC #SS-291, Woodruff Ave. - Approve extra work & accept improvements Sidewalk Matching Funds, M.F. #408 & 411 Appl. of SE Taxi for Amendment to Schedule of Taxi Fares Downey Chamber of Commerce Quarterly Rpt. 7/1 - 9/30/75 - Req. for allocation Amendments to Capital Improvements Program - Additions & deletions Zone Change Case #123 (7416 Stew. & Gray Rd.) Appeal, ZE Case #1219, 12609 Izetta Ave. Lease Agmt. for rental of Old No. 1 Fire Stn. w/SE Council on Alcoholism & Drug Problems Bicentennial Committee Vacant lot, W/s Woodruff Ave. just S/o Stewart & Gray Rd. Lot at Lakewood & Clark Traffic island on Imperial just E/o San Gabriel River Concrete median at Firestone & Old River School Rd. Meeting adjourned to 5:30 p.m., 11/5/75 Posting & fencing empty or abandoned lots & service stations Adopted Approved Filed Approved Approved Approved Adopted Adopted Adopted Received & filed Adopted Approved Approved Taken under subm. to 11/5/75/ CM to submit further information Approved Approved Hearing set for 11/10/75 Approved as amended subj. to Planning Comm. conditions Approved PAGE NO. 1 1 2 2 2 2 2 2 2 2 2 3 3 3 4 4 4 5 5 Req. for CM to follow thru re legal formation of comm. & members Req. for staff review & necessary steps to clean property & post fences Req. lot be incl. on lot cleaning program Request for extension of island for traffic safety 6 6 6 6 6 Cnwm. Scotto suggested placing reflector tape as warning to 6 motorists 7 Cn. Winton cited need for ordinance ASAP 6 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 28, 1975 The City Council of the City of Downey held a regular meeting at 8:00 a.m., October 28, 1975, in the Council Chambers of the Downey City Hall, Mayor Joseph E. DiLoreto presiding. PRESENT: Council Members: Hazel N. Scotto Donald H. Winton William L. Greene Joseph E. DiLoreto ABSENT: Council Members: Richard M. Jennings (excused) ALSO PRESENT: Charles W. Thompson, City Manager Mark C. Allen, Jr., Acting City Attorney Ervin Spindel, Director of Community Development Richard D. Patton, Director of Finance John T. Neavill, Director of Parks & Recreation Loren D. Morgan, Police Chief Edwin H. Wood, Fire Chief William A. Goggin, City Planner Ray T. Lake, Building Official Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Tom Jolly, Downey Memorial Christian Church, followed by the Flag Salute led by Councilman Winton. Mayor DiLoreto declared that this is the time and place for the public hearing on y City Lighting District Annexation 75/2 through 75/20. He inquired if the City had the Affidavits of Posting and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Affidavits. Mayor DiLoreto inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor DiLoreto inquired if there was anyone present who wished to speak in protest to the Annexation, and there was no response. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to close the hearing. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings RESOLUTION NO. 3183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO THOSE STREET LIGHTING FIXTURES LOCATED ON STREETS AND PUBLIC PLACES WITHIN THOSE AREAS UNTIL JANUARY 31, 1983 (ANNEXATION 75/2 THROUGH 75/20) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3183. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings Removal of Items from Consent Calendar Agenda Item VIII-A, Minutes of the City Council Meeting of October 13, 1975, was removed from the Consent Calendar. Council Minutes 10/28/75 -1- F Referring to Page 5 of Minutes of the City Council Meeting of October 13, 1975, second paragraph from the bottom, fifth line, Councilwoman Scotto said "Gas Tax Funds" should be changed to "SB 325 Funds". It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the Consent Calendar: Minutes of the City Council Meeting of October 13, 1975, as amended. Communication from City of Bellflower regarding Resolution requesting U. S. Congress to Adopt a New Federal -Aid Highway Act. Cash Contract #SS-276, Brookshire Avenue, Imperial Highway to Gardendale Street - Accept the improvements completed and responsibility for maintenance thereof. General Warrants: #140603 - 140832• #148521 - 148538• #201782 - 201814: $475,274.22. Underground Utility District No. 8, Dolan Avenue, et al - Request from the Southern California Edison Company to extend the completion date of the subject district by 30 days to November 30, 1975. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings ORDINANCE NO. 493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 6220 TO THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO PERMITS AND BUSINESS LICENSES The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 493. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings ORDINANCE NO. 494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4231 OF THE DOWNEY MUNICIPAL CODE WHICH SAID SECTION RELATES TO DOG LICENSES The Ordinance was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Ordinance No. 494. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings RESOLUTION NO. 3184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO MAKE A REPORT PURSUANT TO THE STREET LIGHTING ACT OF 1919 (ANNEXATIONS 75/22 THROUGH 75/24, 75/27, 75/29 THROUGH 75/35) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3184. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings Community Development Director Spindel reported the total operating cost will be $1196.88 per year based on current rates; the assessment rate for Zone I is 18C per $100 assessed valuation, and Zone II is 28C per $100 assessed valuation. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to receive and file the Engineer's Report. Council Minutes 10/28/75 -2- RESOLUTION NO. 3185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO ANNEX CERTAIN AREAS TO THE DOWNEY CITY LIGHTING DISTRICT AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES WITHIN THESE AREAS UNTIL JANUARY 31, 1983 (ANNEXATIONS 75/22 THROUGH 75/24, 75/27, 75/29 THROUGH 75/35) The Resolution was read by title only. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and so ordered to waive further reading. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to adopt Resolution No. 3185. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve extra work in the amount of $476.60, accept the improve- ments completed in conjunction with Cash Contract #SS-291 Woodruff Avenue; and accept responsibility for maintenance thereof. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings It was moved by Councilwoman Scotto, seconded by Councilman Winton, and passed by the following vote to approve Sidewalk Matching Funds at the following locations: Estimated M.F. No. Address City Cost 408 8450 Stewart & Gray Rd. $306.00 411 11522 Richeon Ave. 114.00 Total Estimated City Cost $420.00 AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings Application of Southeast Taxi Co,, Inc., for Amendment to Schedule of Taxi Fares Mr. Ballard of Southeast Taxi said eight other cities have approved the new rate. Councilman Greene asked the City Manager if he has seen comparison sheets of other cities. City Manager Thompson replied he had not, however, he had been informed by Mr Ballard that rate increases in eight other cities have been approved. Councilwoman Scotto indicated she would like to see a comparison of rates with other cities. Mr. Thompson stated the finances of the company were checked based upon their volume of work and revenue statement as compared to last year, and it was felt this request was in line. Also, he said checks were made in previous years as to compara- tive rates and found to be in line. He noted that this year the company's revenue has decreased while costs have escalated, and based upon the income and expense statement it was felt the increase was justified. Mr. Ballard pointed out the new rate will enable the employees to receive an eight percent increase in wages. He commented on the increase in insurance rates and price of gasoline. Discussion followed. Councilman Winton stated he would like to see a salary and wage breakdown. He raised questions regarding the trucking operation located on the same premises and reiterated his request for a cost breakdown. Councilwoman Scotto and Councilman Greene indicated they would have no objection to approving this matter contingent upon the requested information. Acting City Attorney Allen said it would appear the most orderly procedure would be to act on this matter after the information has been received. Council Minutes 10/28/75 -3- 6,-,Gs Mr. Thompson noted every year various facits of the business are checked. He said both the Police Department and Public Works Department make checks with respect to the company's operation and condition of the cabs, etc., and there have been no complaints of a major item. Further, he indicated two years ago an analysis was made of the salaries and percentage cost of the operation for each phase of the business. However, Mr. Thompson said this year the revenue picture was compared with previous years and was found to be decreasing even though the rates have increased. Councilman Winton stated concern regarding the salary breakdown and maintenance charges. Mayor DiLoreto indicated the Council will be scheduling a study session on Wednesday, November 5tb, for the purpose of considering the Space Utilization Study. He asked Mr. Thompson to prepare the requested information and have it placed on the agenda for that meeting. He further asked that Mr. Ballard be present at that time. The study session was set for 5:30 p.m., November 5, 1975. The application for amendment to Schedule of Taxi Fares was taken under submission to November 5, 1975. Downey Chamber of Commerce Quarterly Report for July 1 _ September 30 1975 It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the allocation payment of $2500 for the Downey Chamber of Commerce, as budgeted. AYES, 4 Council Members, Scotto, Winton, Greene, DiLoreto ABSENT, 1 Council Member, Jennings Amendments to Capital Improvements Program City Manager Thompson noted the basic change is that two or three projects have been deleted. The Wilderness Park parking lot improvement costs would come from Fund 21, Revenue Sharing, wh.ile the Fontana Street improvements will remain in Fund 40, Capital Improvement Fund. Parks & Recreation Director Neavill indicated the Wilderness Park parking lot has been delayed pending approval of the budget. Mr. Thompson commented on the Council's approval of the parking lot last fiscal year and subsequent request for further. study. He said the specific engineering plans will be brought back to Council. It was moved by Councilman Winton, seconded by Councilwoman Scotto, and passed by the following vote to approve the additions and deletions to the Capital Improvements Program, as recommended. Mayor DiLoreto said this would be with the understanding that prior to going to bid on the parking lot specific plans be brought back to the Council for its approval. AYES, 4 Council Members, Scotto, Winton, Greene, DiLoreto ABSENT, 1 Council Member, Jennings Zone Change Case No. 123 (7416 Stewart and Gray Road) City Planner Goggin reported this would be a zone change from commercial to R-3, and the hearing could be set for November 10th. He said this is an ordinance change requiring two readings, and the Planning Commission is recommending the second reading not be held until building permits are issued for the structures. Responding to questions, Mr. Goggin commented that State law requires there be conformity between the General Plan and the Zoning Ordinance or land use pattern, and since the General Plan is not a definitive document there is some flexibility. He said in this particular case there are apartment houses to the south and north of the property, and in reviewing uses of properties in surrounding areas, it was felt the proper use would be R-3. Mr. Goggin further stated it is hoped in the future the Council will go through the City and change zones where they do not conform to the General Plan, Also, the Council could zone a large section of the City at one time, although there are some areas where the Council may not want to take action until there is a request by the property owner. Mr. Goggin explained the reason for the zone change on this property is that it is a commercial zone requiring a fire zone type of construction, and since it is agreed the property should go apartment house, it was felt the property owner should not be saddled with additional costs for fire proofing that is above and beyond what is re- quired for apartments in an R-3 zone. Council Minutes 10/28/75 -4- Councilman Winton asked if this would be opening up a "Pandora's box" and going from zone exceptions to zone changes. Mr. Goggin replied no, this would be the start of bringing to conformity the land use pattern, Zoning Ordinance, and General Plan. He further explained this property was originally zoned by the County years ago, and by zone exception has been granted R-3 until the Zoning Ordinance comes up; that the zone exception as granted on this property is in conformity with the adopted General Plan. Responding to questions, Mr. Goggin said the Zoning Ordinance proposal should be submitted to the Council by the first of December. He explained the General Plan is not definitive because it is not an ordinance; it was approved by resolution. He said the General Plan is a guideline, it does not zone property. Discussion followed. Mayor DiLoreto left the meeting at 8:48 a.m. Mayor Pro Tem Winton assumed the role as chairman of the meeting. Councilman Greene mentioned that Downey Planning Commissioners are not allowed to view properties prior to taking action on them. He noted, however, he has seen this property. He said the Council has placed itself in a position where it must decide what it wants to do with this City. Mayor DiLoreto returned to the meeting at 8:52 a.m. and resumed the role as chairman. Councilman Winton commented regarding overcrowded apartments in the City and of the lengthy zone exception hearings held by the City Council. He stated concern that the City may be faced with a rash of zone change cases. Mr. Goggin pointed out that under the proposal there will be no more zone excep- tions; that it will then require someone who wants to develop his land other than zoned to prove validity of rezoning. He stated further that once the Zoning Ordinance is adopted it will be recommended the Council go through the City and rezone properties that are not in conformity with the General Plan. Referring to Councilman Greene's statement that Planning Commissioners cannot look at properties under consideration, Mr. Goggin said recently the City Attorney decided a Commissioner may go out and look at the property, however, he must declare the fact that he did so and whether he had any discussions during that time. He indicated it is still recommended that the Commission not view the properties because it can be confusing. It was moved by Councilwoman Scotto, seconded by Councilman Greene, and passed by the following vote to set a hearing on Zone Change Case No. 123 for 7:30 p.m., November 10, 1975, in the Council Chambers of the Downey City Hall. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings Appeal, Zone Exception Case No. 1219, 12609 Izetta Avenue Councilman Winton stated concern regarding Condition No. 4 contained in the memo from the Planning Commission. He said this condition would not permit the applicant to store household goods in his garage. Following discussion, Condition No. 4 was amended to read: "Said garage shall be continuously available for one car offstreet parking." It was moved by Councilman Greene, seconded by Councilwoman Scotto, and passed by the following vote to approve the applicant's appeal as amended on Zone Exception Case No. 1219, subject to the Planning Commission's recommended conditions. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings CITY MANAGER'S REPORT City Manager Thompson said the Lease Agreement for Rental of the 0ld No. 1 Fire Station by the Southeast Council on Alcoholism and Drug Problems, Inc., has been pre- pared per Council's authorization. Referring to Page 2, Section 4b ii, of the Agreement, he stated the Southeast Council has requested there be a reduction in the monthly rental for the first three months of $1100. He mentioned Mayor DiLoreto had suggested the rental could possibly be on an annual basis as one alternative. Council Minutes 10/28/75 -5- Mayor DiLoreto inquired if it would be possible to move Mr. Testi, the Drug Counsellor, from his present location to the fire station. Mr. Thompson replied yes, in the Southeast Council's proposal it indicated office space would be made available for Mr. Testi; that it was felt the office space would be worth about $100 per month and should be used as a basis for reducing the rental figure. A discussion was held regarding setting a total rental rate for the year. Concern, was expressed as to whether the Southeast Council would be able to pay the remaining rent due if it were allowed to make smaller payments at the beginning of the term, Mr. Thompson suggested that the total annual rental of $14,4400 per year could provide that not less than $1000 in any one month shall be paid. He said the Southeast Council felt it would have no trouble paying $1100 per month and also felt it should be given a credit of $100 per month for use of the facility by the Drug Counsellor. Further discussion followed. It was moved by Councilwoman Scotto, seconded by Councilman Winton, and passed by the following vote to approve the Lease Agreement with the Southeast Council on Alcoholism and Drug Problems for rental of the 0ld No. 1 Fire Station at the annual rent of $14,400, and that no less than $1000 per month minimum payment shall be made. Acting City Attorney Allen stated the lease appears to be in the appropriate legal form. AYES: 4 Council Members: Scotto, Winton, Greene, DiLoreto ABSENT: 1 Council Member: Jennings ORAL COMMUNICATIONS Councilman Greene inquired about the status of a Graffiti Report. Community Development Director Spindel indicated the report is still being prepared. Councilwoman Scotto mentioned there seems to be a question as to whether the Bicentennial Committee was legally formed, and since the City Manager is on the original Board of Directors, she would request that he follow through to see that the committee is legally formed and appointed by the proper board members. Mayor DiLoreto called for a review as to how the Bicentennial Committee was organized in that the Council may want to make ,some changes to see that it conforms to the type of arrangement the City had with the Second Century Foundation. Councilman Winton asked that appropriate staff review the large vacant lot on the west side of Woodruff Avenue just south of Stewart and Gray Road and contact the pro- perty owner to take steps for cleaning up the property. He also asked that necessary steps be taken or obtain cooperation of the property owner to post the property and fence it on both ends to prohibit motorcycle exhibitions. Councilman Winton noted the lot at Lakewood Boulevard and Clark Avenue is filled with weeds and should be included on the lot cleaning program. Councilman Winton spoke of the need for an ordinance relative to posting and fencing empty or abandoned lots and service stations as soon as possible. Councilman Winton asked staff to consider extending the traffic island on Imperial Highway just east of the San Gabriel River in that it does not extend far enough to prohibit vehicles from making improper turns and creating traffic hazards. Councilman Winton welcomed Mayor DiLoreto from his visit to Guadalajara. Councilman Greene commented he has seen two people hit the cement base at Old River School Road and Firestone Boulevard. He asked if there had been any com- plaints received on this. Community Development Director Spindel said the City has requested the State to affix ceramic buttons to the concrete median that will support new railroad crossing gates. Councilwoman Scotto suggested placing temporary reflector tape on the concrete as a warning for motorists. Council Minutes 10/28/75 -6- Mayor DiLoreto said with approval of Council this meeting will be adjourned to Wednesday, November 5, 1975, 5:30 p.m., in the Council Chambers for the session concern- ing the Space Utilization Study. He asked Mr. Thompson to have the SUA consultant present at that time and also the taxi rates. There being no further business to come before the City Council, the meeting was adjourned at 9:30 a.m. to 5:30 p.m., November 5, 1975, in the Council Chambers of the Downey City Hall. f •M� Robert L. Shand, City Clerk -Treasurer Jose E. DiLoreto, Mayor Council Minutes 10/28/75 -7-