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HomeMy WebLinkAboutMinutes-10-24-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 24, 1978 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: PAGE NO. Presentations to Downey Board of Realtors re Neighborhood Watch Program and Make America Better Committee 1 Resolution #3604, Ordering Annex. to Lighting Maint. Dist. AD 121 (Annex. 78/26 thru 78/47) Adopted 2 Ordinance Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #132) Introduced 2 Minutes: Regular Meetings September 26, 1978, & October 10, 1978; Adjourned Regular Meeting May 2, 1978 Approved 2 Denial of Legal Claims: Ref. #393 & 394 Approved 2 General Warrants: #168689 - 170860 #205122 - 205159 Approved 2 CC #SS-335, Paramount B1., Telegraph Rd. to 1200' Sly.: Plans, specs & authority to advertise (A/C #26-16202) Approved 2 Preliminary Assmt. Dist. #120, Leeds St. E/o Paramount B1.: Auth. Dept. Comm. Dev. to circulate petition for const. street imprvmts. Approved 2 Condition of zone variance approval re Foster & Kleiser sign on American Savings & Loan ppty. Referred back to Planning Comm. on Lakewood B1. for rehearing 3 Ordinance #561, Addg.ch: 5.5 consisting of Sec. 4550 - 4570 of Art. IV DMC re Religious Solicitation Adopted 3 Ordinance #562, Amending Sec. 4550 & repealing Sec. 4505 of Chptr. 5, Art. IV DMC re Charitable Solicitations Adopted 3 Ordinance adding Sec. 3145.1 DMC re Permits for Parades Introduced as amended 4 Resolution est. 3-6pm Weekday Stopping Restr. on S/s Firestone Bl. from Brookshire to WCL & 2-hr. Parking Limit 7-3am S/s Firestone B1. bet. Brookshire & Old River School Rd. & rescinding Res. #1306 & 1768 Failed 5 Resolution #3605, Apprvg. Program Suppl. #2 of Downey/State Agmt. #07-5534 for Const. of Roadway Pavment on Imperial & Paramount Adopted 5 SS Proj. #322 (FAU), Imperial & Paramount: Plans, specs & auth. to advertise for bids Taken under submission 5 Resolution #3606, Apprvg. Reappointment of Russell Lamkin to Parking Place Come. Adopted 5 DPC #66, Planett Ave. N/o Orange St. - Sewer Const.: Accept dedication & imprvmts. & auth. reimbursement to developer Approved 5 Agmt. bet. Cities of Downey & Santa Fe Spgs. for acquisition of LISS 100 Automated Circulatn. Control System Approved 5 Hearing on Zone Change Case #136, 10913-;LaReina Set for 11/14/78 6 Page 1 of 2 COUNCIL MINUTES, OCTOBER 24, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: Apptmt. of Doris Freyre to Health & Environmental Sanitation Comm. Approved Morale of City employees: Discussion re City's agreement w/employee groups Cn. Miller req. apptmt. for Council to view Scanner at Downey Comm. Hospital Executive session re pending litigation Settlement to Wesley Temples, III Approved PAGE NO 6 6 7 7 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 24, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 24, 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 Tam 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 Martin F. Wynne, 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 Stup, Building Official Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Mackaig. The Invocation was delivered by Councilman Jackman. PRESENTATIONS The following commendations were presented to the Downey Board of Realtors: Appreciation for donation in furthering crime prevention through the Neighborhood Watch Program. Appreciation for the Make America Better Committee. Chief Martin invited the public to attend the official kick-off meeting to be held Thursday evening, October 26th, in the Downey Theatre. He presented to the Council copies of the Neighborhood Watch membership brochure, which will be available to the public at the meeting. Mayor Greene introduced Neal Mongan and Chip Oyer, Explorers sponsored by the Downey Police Department. Mayor Greene declared that this is the time and place for the public hearing on Downey City Lighting District Annexations 78/26 through 78/47, He inquired if the City Clerk had the Affidavits of Posting and Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to receive and file the Affidavits. Mayor Greene inquired if the City Clerk had received any written protests or objections, and the City Clerk replied he had not. Mayor Greene then inquired if there was anyone present to speak in protest to the Annexations, and there was no response. It was moved by Councilman Miller and seconded by Councilman Jackman to close the hearing. RESOLUTION N0. 3604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF CERTAIN AREAS TO THE LIGHTING MAINTENANCE DISTRICT AD 121 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 (ANNEXATIONS 78/26 THROUGH 78/47) Council Minutes 10/24/78 -1- G167 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. 3604. Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No, 132 both sides Paramount Boulevard between Harper Avenue and Fourth Place. 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 passed by unanimous vote to receive and file the Affidavit. Mr. Goggin reported that originally, a request was received from the property owner on the northeast corner of Fourth and Paramount for zone change from R-3 to C-P. He said staff recommended and the Planning Commission concurred to include the area involved because there have been approximately 16 zone exception cases which are changes of land to uses permitted in the new Zoning Ordinance under the C-P zone. Mr. Goggin outlined the location for the zone change and noted one property owner was opposed. He pointed out there is a non -conforming section in the code which allows those establishments to continue for 20 years after adoption of the zone change ordinance. He responded to questions of the City Council. Mayor Greene inquired if there was anyone present who wished to speak in favor or in opposition to the zone change, and there was no response. It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106.06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO. 219, ZONE CHANGE CASE NO. 132) 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 Miller, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance. REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-C-2, Assessment District #120, Leeds Street, was removed from the Consent Calendar for question concerning the City°s contribution and the petition. CONSENT CALENDAR it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the Remainder of the Consent Calendar: Minutes: Reqular Meetings of September 26,_1978, and October 10, 2. 1978. Denial of Legal Claims: Ref. #393 and #394, Myrtle Siler. Cash Contract #SS-335, Paramount Boulevard, Telegraph Road to 1200 feet Southerly: Plans and specifications and authority to advertise (Accoun #26-16202). General Warrants: #168689 - 170860; #205122 - 205159: $514,300.44. AYES. 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to authorize the Department of Community Development to circulate a petition for construction of street improvements on Preliminary Assessment District #120, Leeds Street east of Paramount Boulevard. ORAL COMMUNICATIONS Mr. Ed Dato, representing Foster & Kleiser, 1550 West Washington Boulevard, Los Angeles, requested Council consideration to a condition of zone variance approval Council Minutes 10/24/78 -2- to American Savings & Loan, wherein the condition calls for removal of the outdoor advertising sign situated on property purchased by American Savings & Loan. He pointed out Foster & Kleiser was not aware or given notice the condition would be placed on the variance. He said the structure is lawfully placed, it has a legal non -conforming status, there are approximately eight years left on the amortization, and American Savings & Loan was not aware the billboard lease on the property could not be cancel- led. Mr. Dato requested the Council to ask the Planning Commission to conduct a rehearing on this matter. Mr. Sorensen advised there is no authority or jurisdiction on the part of either the Council or Planning Commission to modify a condition to a variance without further hearing. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to refer this matter back to the Planning Commission for rehearing. Mr. Lynne Catapano, representing American Savings & Loan, 9465 Wilshire Boulevard, Beverly Hills, commented on the Planning Commission's approval and the billboard lease requirement for termination, and he pointed out the location of the billboard sign does not affect the Savings & Loan building or sign, and they would be willing to let it remain. Mr. Goggin said the Planning Commission can rehear this by November 15th, and it is felt the court date between the parties could be continued until after that date. AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller Mr. Steven Wellman, 8046 Leeds Street, stated that in reference to the proposed Assessment District on Leeds Street, he and other residents on the street are opposed. ORDINANCES ORDINANCE NO. 561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY .._.... ADDING CHAPTER 5.5 CONSISTING OF SECTIONS 4550, 4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 4567, 4568, 4569, -- AND 4570 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING TO RELIGIOUS SOLICITATION 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 y Councilman Miller, and passed by unanimous vote to adopt Ordinance No. 561. ORDINANCE NO. 562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4550 AND REPEALING SECTION 4505 OF CHAPTER 5, ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS 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 Miller, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Ordinance No. 562. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTION 3145.1 OF THE DOWNEY MUNICIPAL CODE ALL OF WHICH SAID SECTION RELATES TO PERMITS FOR PARADES 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 and seconded by Councilman Miller to introduce the Ordinance. Mr. Neavill stated that in Section 3145.1, seventh line, the words "Parade Committee" should be changed to "Applicant." Council Minutes 10/24/78 -3- It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to introduce the Ordinance as amended. Councilman Mackaig inquired about permitting someone to sell their wares on private property along the parade route. Mr. Sorensen advised that under the Ordinance they would not be permitted to do so even on private property, and if the Council wants to regulate this only on public property, he would suggest clarification be made in the Ordinance. Following discussion, Mr. Sorensen then suggested that in the second line of Section 3145.1, after the words "for sale," inserting "on any public property or rights -of -way." Further discussion was held regarding enforcement and control under the Ordinance for the sale of goods along the parade route. Roll call vote on introduction of the Ordinance as amended: AYESe 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene RESOLUTIONS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING A 3-6 P.M. WEEKDAY STOPPING RESTRICTION ALONG THE SOUTH SIDE OF FIRESTONE BOULEVARD FROM BROOKSHIRE AVENUE TO THE WEST CITY LIMITS AND A TWO-HOUR PARKING LIMIT FROM 7:00 A.M. TO 3:00 P.M. ALONG THE SOUTH SIDE OF FIRESTONE BOULEVARD BETWEEN BROOKSHIRE AVENUE AND OLD RIVER SCHOOL ROAD AND RESCINDING PRIOR RESOLUTION NOS. 1306 AND 1768 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 Miller and seconded by Councilman Jackman to adopt the Resolution. Councilman Jackman indicated he has received complaints from some of the business people along the south side of Firestone who feel if the restriction would be only for the period of time the street is under construction they would have no objection; but if it is permanent, it could be a serious problem to some of them. Mr. Spindel said all of the property owners were notified, there was a hearing before the Traffic Committee, and it was felt this was clearly understood to be a permanent restriction. Only two objections were received: One was from Mr. Kiskadden and one was from Nowling Oldsmobile. Mr. Bob Kiskadden, owner of property at 7946-7966 Firestone Boulevard, on the southwest corner at Paramount, commented on a newspaper article concerning the City°s presentation of this matter to the Chamber of Commerce Board of Directors. He feels the businesses would not object to losing one-half hour of their parking on Firestone, but he thinks there must be another way of solving this problem. Mr. Spindel responded to questions regarding the plans to narrow the median and to upgrade the signals on Firestone. Mayor Greene suggested waiting to see how the new signalization works out. Mr. Spindel explained that if the signals are upgraded with a coordinated system there would still have to be the proper capacity on the roadway to make it work properly. Further discussion ensued. Councilman Jackman stated he would like to wait and see what the results of the signal upgrading is going to be. Councilman Mackaig noted the parking restriction was approved on Firestone to the east and also on the north side, and he does not want to penalize one businessman over another. He also feels Firestone is one of the worst streets in the City and that the extra lane would help. Councilman Swearingen pointed out the traffic on Firestone early in the morning is traveling west, and this does not affect the retail trade because they do not open their doors until 9:00, which is the time the restriction is off. Council Minutes 10/24/78 -4- Mr. Kiskadden stated the Council approved the parking restriction on the north side of Firestone sometime ago, but as of this date it still is not posted. Mr. Ernest Jennings, 7523 East Cory, suggested waiting to see how the signal upgrading works out. Mr. Thompson said Firestone is under State control, and any posting should be done by the State. City staff will look into it. AYES. 2 Council Members: Miller, Mackaig NOES: 3 Council Members: Jackman, Swearingen, Greene Failed. RESOLUTION NO.-3605 A RESOLUTION OF THE CITY COUNCIL OF'THE 'CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. 2 OF THE CITY OF DOWNEY/STATE AGREEMENT NO. 07-5534 FOR THE CONSTRUCTIO OF ROADWAY PAVEMENT ON IMPERIAL HIGHWAY AND PARAMOUNT BOULEVARD The Resolution was read by title only. It was moved by Councilmen 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. 3605. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to approve plans and specifications on S.S. Project #322 (PAU),i imperial Highway and Paramount Boulevard. Final action on the motion was taken under submission pending Council°s review of the specifications. Granting authority to advertise for bids was also taken under submission. RESOLUTION NO. 3606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF RUSSELL LA1= TO THE PARKING PLACE COMMISSION The Resolution was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was noted Mr. Lamkin°s term expires June 30, 1980. It was moved by Councilman Jackman, by unanimous vote to adopt Resolution No MISCELLANEOUS COUNCIL ACTIONS seconded by Councilman Miller, and passed 3606. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote to accept dedication and improvements completed under Downey Private Contract #66, Planett Avenue north of Orange Street - Sewer Construction, and developer. Mr. Spindel responded to questions regarding the sewer connection fees. He said the fees would be paid back to the original developer who paid for the sewer construc- tion at the time the properties connect to the sewer. 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 approve Agreement between the City of Downey and the City of Santa Fe Springs for Acquisition of a LIES 100 Automated Circulation Control System. The cost of acquisition, maintenance, and operation of the system will be reduced by sharing the costs. Acquisition - Account #10 4 4810.0870, $25,092; Maintenance - Account #10 4 4810.0400, $6350. Councilman Jackman inquired what would happen if the Council does not approve the money to make the next four payments. Mr. Thompson replied the amount should be encumbered in the Equipment Fund; then, if the City needed to finance it, it could do so in another way. Mr. Sorensen said another way would be to enter into a lease agreement, but then the City would not have the option to fail to pay it. He pointed out the exact terms Council Minutes 10/24/78 -5- 6191 relative to acquisition have not been worked out, but if the total sum is appropriated at this time and encumbered with the understanding in the agreement it is to be paid out in installments, then the present difficulties can be resolved. Mr. Sorensen stated the acquisition agreement will be between the City of Downey and the equipment manufacturer. The obligation of Santa Fe Springs is to pay to Downey the amount specified in the Joint Powers Agreement, which is now before the City Council. Responding to further questions, Mr. Thompson stated that the term of the agree- ment shall be for five years and will automatically be renewed on a year-to-year basis unless otherwise terminated. Also, at the end of the five-year period, the hardware and software shall be owned two-thirds by Downey and one-third by Santa Fe Springs. A discussion was held regarding the savings indicated by the purchase of the equipment. Mr. Thompson pointed out there are two options involved: One would be to phase out the displaced personnel; or, the second would be to replace some of the programs that have been abandoned. Councilman Mackaig said he would be hesitant to encumber the funds for this. Councilman Miller mentioned he visited the City Library in Huntington Beach and was shown their installation. He commented on the savings and automatic services the equipment would provide, and he stated for the record that any savings the City of Downey can achieve he would like to see used to restore some of the services the Council deleted at Budget time. AYES- 4 Council Members: Jackman, Miller, Swearingen, Greene NOES- 1 Council Member: Mackaig Mr. Sorensen explained the details of the acquisition agreement for the equipment will be brought back to the Council. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to set a hearing on Zone Change Case No. 136, 10913 LaReina Avenue, for 7:30 p.m., November 14, 1978, in the Council Chamber of the Downey City Hall. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and so ordered to approve the Appointment of Doris Freyre to the Health & Environmental Sanitation Committee. ORAL COMMUNICATIONS Councilman Miller spoke regarding the morale problem with City employees, the agreement between the City and the employees groups, and the provision under which the State said bail -out money would be available. This has forced the City to renege on its contract with the employees. He said as a matter of showing good faith to the employees since the money has been appropriated in the Budget, he feels that money should be set aside into a fund so in the future if the money can be paid to the employees it would be paid with accrued interest. Mr. Sorensen explained the employees would be entitled to back pay and whatever else is ultimately determined, but he does not feel the interest can automatically be paid back. Discussion followed. Councilman Mackaig feels the Police Department is doing a tremendous job for the City. During discussion regarding the City's agreement with the employees, Councilman Miller indicated he hopes the employees win the Court action. He also feels the City owes the money to the employees and any interest that has accrued. Councilman Jackman said he feels the employees should know the Council would like to honor its obligation, but any decision on the interest would have to be made by the City Attorney or the Court. Mayor Greene and Councilman Swearingen concurred.. Councilman Mackaig said he would agree if the Court says the employees should be paid. Speaking to the Firestone Boulevard parking restriction, Mayor Greene said he voted "no" because he wants to wait and see what happens with the traffic signals, and then he hopes this matter will be brought back to the Council. Mrs. Signe Van Hoeven, 8533 East Donovan Street, complimented the Council for its approval of the Automated Circulation Control System for the city's Library. Council Minutes 10/24/78 -6- G192 Councilman Miller requested Mr. Thompson to set up an appointment for the Council to see the Scanner at the Downey Community Hospital. Mr. Dick Raabe, 11627 Downey Avenue, spoke regarding the resignation of City employees and the importance of offering advancement to the employees. He thinks the Council should approve and take all steps to promote a present City employee to a higher position if it is vacant because they know what is best for the City far more than someone from the outside. Mr. Raabe then suggested that prior to paying a contractor for surfacing a City street, the City should make a test of the street to be sure it is in as good or better condition than before it was paved, particularly to the riding ability of a vehicle. At 9338 p.m., Mayor Greene recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 10:20 p.m. with all Council Members present. It was moved by Councilman Mackaig, seconded by Councilman Miller, and passed by unanimous vote to approve settlement to Wesley Temples, III. There being no further business to come before the City Council, the meeting was adjourned at 10:20 p.m. RoYert L. Shand, City Cler�k--trreas;rer William L. Greene, Mayor Council Minutes 10/24/78 -7-