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HomeMy WebLinkAboutMinutes-11-28-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 28, 1978 T A B L E O F M I N U T E A C T I O N SUBJECT: Resolution #3613, Ordering Assmt. of $13,753.19 as lien against Parcels 3, 6, 7, 8, 9, 10, 11, 12, 13 & 14, Underground Util. Dist. #6, Firestone B1., et al Ordinance amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #135) Appeal, Zone Variance #42, Lot Split #706, 9732 Brookshire Ave.: Deny variance & lot split & grant approval of appeal Removal of Items from Consent Calendar Corres. from PUC re Appl. #57959 of Western Union Telegraph Co. for auth. to revise certain intrastate rates & charges Refusal to accept late claim Ref. #401 General Warrants: #171502 - 171826 #205228 - 205274 ACTION: Adopted Introduced Approved Filed Approved Approved Minutes, Reg. Mtg. November 14, 1978 Approved as corrected Appointment of Thomas Morton as Downey's rep. to SE Mosquito Abatement Dist. for 2-yr. term Approved Resolution #3615, Supporting SE Mosquito Abatement Dist. Adopted Ordinance #565, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #136) Adopted Resolution #3614, Rescinding Res. #3117 & Updating Fees & Service Charges for Copies of City Documents Adopted as corrected CC #SS-335, Paramount Bl.: Award to Vernon Paving (A/C #26-16202) Approved CC #410, Bldg. & Restroom Mods., Various Locations: Change Order; time extension; assess liquidated damages & accept imprvmts. (A/C #29-13933; #21-13929; #21-17121) Approved CC #429A, Misc. Repair: Accept improvements (A/C #10-4-5428) Approved Assmt. Dist. #120, Leeds St. E/o Paramount B1.: Auth. Dept. Comm. Dev. proceed w/plans & specs & prep. of necessary documents; transfer funds; & retain Burke, Williams & Sorensen Approved Resolution #3616, Apprvg. Final Subdivision Map Tr. #34378, Apprvg. Agmt. w/Subdividers; & Accept letter of credit (Downey Ave. @ Texas St.) Adopted Set park fees at $175 per unit on Tr #34378, Downey Ave. @ Texas St. Approved Zone Change Case #133, B/s Tweedy Lane beta PAGE NO. 1 2 3 3 4 4 4 4 4 4 4 5 5 5 5 5 6 5 Lubec & Dinsdale Hearing set for 12/12/78 6 Appeal, Lot Split #709, 10913 LaReina Ave. Public Works Projects financed by HCD Funds Denied 6 Withdrawn from Agenda 4 6 Page 1 of 2 COUNCIL MINUTES, NOVEMBER 28, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) Assmt. Dist. #4, Irwingrove Dr.: Payment from Imprvmt. Fund & accept affidavit from General Asphalt in lieu of actual bonds & coupons Appeal, Zone Variance #50, 9001 Firestone B1. Rockwell International request for Christmas Helicopter Relocation of Downey Municipal Court to Norwalk: Council & staff to send letters to County Bd. Supervisors Req. for adjustment of City's parking fines City Manager to review City's fees Cn. Swearingen reported on status of Sister City Program Mayor Greene to send letter of regret to Wendy's Hamburgers re Proclamation Bill from National League of Cities for optional 1-yr. labor relations service fee Council to send letter supporting Downey Unified School Dist. stand on student bussing Executive session re personnel matter Meeting adjourned in memory of Mr. John Unkovich ACTION: Approved Hearing set for 12/12/78 No objections Chief Martin to report back Referred to City Manager PAGE NO. 6 6 6 6 6 6 6 6 7 7 7 7 Page 2 of 2 2C5 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 28, 1978 The City Council of the City of Downey held a regular meeting at 7;30 p.m„ November 28, 1978, in the Council Chamber of the Downey City Hallo Mayor William L, Greene presiding, PRESENT. Council Members; Theodore H. Jackman Kenneth J. Miller Mayor Pro Tem Milton Re Mackaig Lyell We Swearingen William L. Greene Mayor ALSO PRESENT; Charles We Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development John I. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard Stup, Building Official Ronald Leege, Acting Director of Finance Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Community Development Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary Preceding the Invocation, Reverend John Wetzel, Christ Lutheran Church announced that Reverend William Root, Grace Community Church, had passed away and was buried Saturday, November 25the Reverend Wetzel then proceeded to deliver the Invocation, The Flm Salute was led by Councilman Swearingen. Mayor Greene declared that this is the time and place for the public hearing on Assessments for Underground Utility District 46, Firestone Boulevard, et al. He in- quired if the City Clerk had the Affidavit of Mailing Notices, to which the City Clerk responded in the affirmative, Mr. Spindel reported the work on the undergrounding has been completed.. All assessments over $600 will be paid over a ten-year period„ those assessments under $600 will be paid over a five-year period. 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 who wished to speak in protest to the assessments, and there was no response, it was moved by Councilman Jackman and seconded by Councilman Swearingen to close the hearing, RESOLUTION NO. 3613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE ASSESSMENT OF $13,753.19 AS A LIEN AGAINST THE PROPERTIES KNOWN AS PARCELS 3, 6, 7a-8, 9,, 10,.11, 12, 13 AND 14 RESPECTIVELY KNOWN ASUNDERGROUNDUTILITY DISTRICT N0, 6 ® FIRESTONE BOULEVARD, ET AL 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, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3613. Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No. 135, Southwest Corner Dalen Street and Lakewood Boulevard; 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, Council Minutes 11/28/78 �1� Mr. Goggin reported the applicant's original request to change the zoning at 8836 Dalen Street has been expanded to extend southerly along the west side of Lakewood Boulevard a distance of 400 feet, Mayor Greene inquired if the City Clerk had received any written 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 Zone Change Case No. 135. Mary Louise Randall, 8836 Dalen, said she has a potential buyer for the corner lot to build an apartment under the R 3 zone. The lot containing the house is nearly the equivalent of two lots, which is why the R-2 zoning is requested, Mr., John Dipsey, 9354 Claymore, Pico Rivera, stated the surrounding properties are R-3 with one C-1 commercial. He feels the R 3 zone would be more beneficial to the area. There being no one else to speak in favor, Mayor Greene inquired if there was anyone present to speak in opposition. Mr„ Jay Martin, 8821 Dalen, complained about the overflow of vehicles from the apartment building on Dalen and Lakewood parking in front of his home. He also commented on the debri from the medical building behind his property. He said a new apartment house would not benefit the City. Mr, Allen Meyer, 8744 Dalen, stated he is opposed to the R 2 zoning for the lot containing the house. He spoke of increased traffic already on Dalen Street due to a signal installed at Imperial and Berlin. He indicated he is not opposed to the R 3 zoning for the vacant lot, so long as ingress and egress to the property is on Lakewood Boulevard, but he would like to see the house remain as is. There was no one else wishing to speak in opposition, Mr, William Felburg, 2511 West 233rd Street, Torrance, owner of property at 12719, 1271914, and 1271911 Lakewood Boulevard, spoke in favor of the zone change from commer- cial to R®3e Mrs. Randall again encouraged the R-2 zoning on her property. It. was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing, Mr. Goggin responded to questions regarding proposed development of the appli- cantBs property and the surrounding area, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFDOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106,06 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION NO, 227,. ZONE CHANGE CASE NO. 135) 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 Miller, seconded by Mayor Greene, and passed by the following vote to introduce the Ordinance. AYES.- 3 Council Members. Miller, Mackaig, Swearingen NOES. 2 Council Members Jackman, Greene Mayor Greene declared that this is the time and place for the public hearing on Appeal Zone Variance No 42 Lot Split No, 706 9732 Brookshire Avenue. He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It. was moved by Councilman Jackman to receive and file the Affidavit, Mr. Goggin said the property involved is a single family residence, and all of the surrounding property is zoned R1m7500o The proposal is to create two lots, move the existing home onto one lot, and build a new home on the other. He said at the Planning Commission hearing an alternative solution was suggested for a flag lot with a driveway on the side, but the applicant was not in favor of it. The Planning Commission then approved the lot split as proposed, creating two lots 53 feet wide. council Minutes 11/28/78 -2- ® (i C7 Mayor Greene inquired if the City Clerk had received any written 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 Appeal. Mr. Frank Cunard, 8500 Suva Street, said the new Zoning Ordinance sets a minimum lot width of 60 feet, and he submitted a map of lot frontage widths of property in the surrounding area, none of which, he stated, are less than 57 feet. There are no lots on Brookshire less than 60 feet. Mr. Cunard also indicated that with the pro- posed lot split, his back yard would be the side of the applicant's home, and he considers this an invasion of his privacy. He is adamantly opposed to the lot split. Mr. Goggin referred to several lots in the surrounding neighborhood 55 and 57 feet wide, and he stated the 60 foot requirement written into the Code was based on new subdivisions. He explained to leave the applicant's property as is would be a detriment to the neighborhood. Mr. Clifford Anderson, 301 East Green Street, Pasadena, attorney representing a number of surrounding property owners present in the audience, stated certain criteria for a lot split is that it is not injurious to the property in the vicinity nor contrary to the Comprehensive General Plan. He cited further arguments against the subject zone variance. Mr. Fred Stokoe, 9804 Brookshire, submitted a petition to the Council which was previously submitted to the Planning Commission, and he stated the properties on Brookshire will be the most affected by the lot split. He discussed his analysis of the property frontages along Brookshire Avenue from Florence to Gallatin. Lillian Young, 8527 Lubec Street, stated the zone variance would be a detriment to the neighborhoods. There being no one else wishing to speak in favor of the Appeal, Mayor Greene inquired if there was anyone present who wished to speak in opposition, Mr. Tom Brown, residing in Mission Viejo, associate of the applicant and co-owner of the property, said he is requesting 8600 square feet and 9100 square feet of land area, and he indicated that although the request is for a 53 foot frontage which is seven feet less than required, he is also giving an additional 15-20 percent greater land area as far as density value of the lot. He stated although most of the lots along Brookshire exceed 60 feet, they meet only the minimum area required for R-1. Mr. Randy Martin, 9644 Garnish Drive, referred to a plot map of the area and said of the 32 houses shown on the map 11 in the immediate neighborhood are below the figure requested by the applicant —they have less than 53 feet frontages? also, five or six contiguous properties have less square footage for their lots than will be granted under this lot split. He stated after the lot is split, the two lots will also have 161 and 179 foot depths. Patti Martin, 9644 Garnish, commented the garage on the property is a fire hazard and the back yard is in need of upkeep. There being no one else to speak in opposition, rebuttal time was given to the appellants. Mr. Anderson stated there have been no arguments presented to indicate there is a hardship in this matter. Mr. Stokoe briefly rebutted some of the statements in opposition. it was moved by Councilman Mackaig and seconded by Councilman Jackman to close the hearing. Mr. Goggin responded to questions of the Council. it was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to deny the Zone Variance and Lot Split and to grant approval of the Appeal. AYES: 4 Council Members: Jackman, Maekaig, Swearingen, Greene NOES: 1 Council Members Miller REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Item VIII-A, Minutes of November 14, 1978, was removed from the Consent Calendar. Council Minutes 11/28/78 -3- CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to approve the Remainder of the Consent Calendar: Correspondence from Public Utilities Commission regarding Application #57959 of Western Union Telegraph Company for authorization to revise certain intrastate rates and charges. Refusal to accept late Claim of Marie Myers Bruton, Ref. #401. General Warrants: #171502 - 171826; #205228 - 205274s $778,373.14. Minutes, Regular Meeting of November 14, 1978: On page 10, the following corrections were made: The second sentence under Reorganizing the Sister City Program should read, "Each Councilman indicated he would appoint two members from his District." The vote on settlement to Margene Glenn should show: "NOES: 1 Council Members Mackaig" It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to approve the Minutes, as corrected. MISCELLANEOUS COUNCIL ACTION Mr. Thomas Morton, Downey's appointee to the Southeast Mosquito Abatement District, discussed the District's budget, organization, and growth since its incep- tion in 1958. He commented on the accomplishments of the District in the City of Downey and submitted to the Council for consideration a Resolution opposing Supervisor Hahn's proposal to dissolve the District. Mr. Morton also mentioned he has been selected as Chairman of a special ad hoc committee to study Supervisor Hahn's proposal, and he noted the committee is in receipt of a $10,000 allocation for legal fees in case it is necessary to take this issue to court. It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by unanimous vote to approve the appointment of Mr. Thomas Morton as Downey's representam tive to the Southeast Mosquito Abatement District for another two year term. RESOLUTION NO. 3615 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF THE SOUTHEAST MOSQUITO ABATEMENT DISTRICT 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. 3615. ORAL COMMUNICATIONS (Items not on Agenda). None. ORDINANCE NO. 565 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. 223, ZONE CHANGE CASE NO. 136) 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 Miller, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 565. RESOLUTIONS RESOLUTION NO. 3614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY RESCINDING RESOLUTION NO. 3117 AND UPDATING FEES AND SERVICE CHARGES FOR COPIES OF CITY DOCUMENTS Council Minutes 11/28/78 -4- The Resolution was read by title only. It was moved by Councilman Miller ..- seconded by Councilman Mackaig to waive further reading, Section 2 of the Resolution was changed to read. "The City Manager shall annually review the fees and service charges here established and make tion to the City Council.p1 It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to adopt Resolution No, 3614, as corrected, CASH CONTRACTS It: was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to award Cash Contract #SS--335, Paramount Boulevard, in the amount of the unit prices bid, to Vernon Paving Company of Cerritos, the lowest and best b3_dder (Account #26-16202). It was moved by Councilman Jackman, seconded by Councilman Miller, and passed. by unanimous vote to approve a change order at a net reduction of $27,804 on Cash Contract #410, Building & Restrooms Modifications at Various Locations; grant a time extension of 40 working days; assess liquidated damages in the amount of $900E and accept the improvements completed and responsibility for maintenance thereof (Account #29-13933; #21-13929, and #21-17121). It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to accept the improvements completed in conjunction with Cash Contract #429A, Miscellaneous Repair, and the responsibility for maintenance thereof (Account #10-4-5428). MISCELLANEOUS COUNCIL ACTIONS it was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to authorize the Department of Community Development to proceed with plans and specifications and preparation of necessary documents to proceed with Assessment District #120, Leeds Street east of Paramount Boulevard; transfer funds in the amount of $16,000 from Capital Project Unappropriated Fund Balance to Account #40-14437; and retain Burke, Williams and Sorensen. Mr. Don Bragg, 8050 Leeds Street, stated his opposition to the proposed assess- ment district by pointing out many of the homes are rented by young families or elderly people on fixed incomes. He feels the proposed improvements would increase traffic on the street, and it would also necessitate removal of present street lights, the large trees, as well as the relocation of power, telephone, and water lines and meters. A discussion was held regarding the properties on Leeds signing the petition in favor of the assessment district. It was noted over 60 percent of the property owners have signed for the improvements. Mr. Henriksen and Mr. Spindel commented on the assessment district proceedings to be followed, including the hearing. It was pointed out if the Council decides to make a contribution to the assessment district, it may do so. Mr. Bragg commented on vehicles using the alley adjacent to Leeds Street as a detour to the intersection of Imperial and Paramount. Further discussion ensued, Mr.. Ray Rodriguez, owner of 8106 Leeds Street, spoke in favor of theassessment district. AYES: 4 Council Members: Jackman, Miller, Mackaig, Greene NOES: 1 Council Member: Swearingen RESOLUTION NO. 3616 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 34378 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (DOWNEY AVENUE @ TEXAS STREET) The Resolution was read by title only. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to set the park fees at $175 per unit on Tract #34378, Downey Avenue at Texas Street. Council Minutes 11/28/78 -5- ® ` 2 V It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading of the Resolution. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No. 3616. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to set a hearing on Zone Change Case No. 133,-both sides Tweedy Lane between Lubec Street and Dinsdale Avenue, for 7.30 p.m., December 12, 1978, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to deny the Appeal to Lot Split No. 709, 10913 LaReina Avenue.. Councilman Miller stated he has listened to the tape recording of the last Council Meeting and reviewed the record. Mr.Sorensen advised if the Council denies the appeal, the lot split remains approved with the conditions as imposed by the Planning Commission, if the Council grants the appeal, it would be approving modification to the conditions imposed by the Planning Commission. AYES: 3 Council Members; Jackman.,Miller, Greene NOES: 2 Council. Members. Mackaig, Swearingen Public Works Projects Financed by HCD Funds was withdrawn from the Agenda. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to approve payment in the amount of $822.42 from the improvement Fund and accept an Affidavit from the President of General Asphalt Company in lieu of the actual bonds and coupons on Assessment District #4, Irwingrove Drive, Series 37. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to set a hearing on Appeal to Zone Variance No. 50, 9001 Firestone Boulevard, for 7:30 p.m., December 12, 1978, in the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT The Council indicated they has no objections to the Rockwell International Request for a Christmas Helicopter. ORAL COMMUNICATIONS Councilman Mackaig commented on his attendance at a Chamber,of Commerce meeting and the discussion of Judge Plotkin concerning relocation of the Downey Municipal Court to Norwalk. He indicated the details are not finalized, but he would encourage the Council at the Mayors discretion to write either individual letters or.a group letter to the Board of Supervisors Councilman Jackman said he would like -to direct staff to prepare a.letter for the Council's signature. Councilman Mackaig requested the letter be sent -to`each of the County Supervisors, The City Manager and Police Chief were also requested to write letters; Councilman Mackaig asked for a review of adjusting the City's parking fines. Chief Martin indicated the fees are set by the Court. He will report back. Councilman Miller suggested increasing the filing fee for Zone Exceptions. Councilman Mackaig concurred and suggested the City Manager review the City's outmoded fees. Mr. Thompson said he will also be reporting back on the Library fees. Councilman Swearingen said work is being done on the Sister City Program, Each of the service clubs will be contacted regarding their interest in becoming a member of the Committee. - Mayor Greene commented on a request of Wendy°s Hamburgers for the city to issue a proclamation concerning Wendy's donation of $1.00 for each $5..00 Christmas gift certi- ficate purchased to Saint Jude's Children's Research Hospital. He said after discussing thiswith the City Attorney he will send the City's regrets. Minutes 11/28/78 -6- Mayor Greene referred to the City Manager a bill from the National League of Cities for an optional one-year labor relations service fee of $650. Mayor Greene inquired regarding the Council°s opinion concerning supporting by, letter the Downey Unified School District's stand on student bussing. The other Council Members concurred. At 10:28 p.m., Mayor Greene recessed the meeting to executive session to discuss a personnel matter. The meeting resumed at 11.23 p.m. with all Council Members present. There being no further business to come before the City Council, the meeting was adjourned at 11:23 p.m. in memory of Mr. John Unkovich, former member of the Building Appeals Board. Robert L. Shand, City Clerk -Treasurer Council Minutes 11/28/78 -7- Y / / /r William L. Greene, Mayor.