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Home My WebLink AboutMinutes-12-12-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 12, 1978 T A B L E O F M I N U T E A C T 1 0 N S SUBJECT: Proclamation declaring "Bill of Rights Week" Resolution #3617, Ordering Annex. to City Lighting Dist. (Annex 78/24, Donovan St.) Hearing, Zone Change Case #133, B/s Tweedy Lake beta Lubec & Dinsdale ACTION: Adopted Continued to December 26, 1978 PAGE NO 1 1 2 Hearing on proposed Ordinances adopting the :1976 Uniform Bldg. Code; 1976 Uniform Housing Code; 1976 Uniform Plumbing Code; 1976 Uniform Mechanical Code; 1976 Dangerous Bldgs. Code; & Bldgs. & Property Hearing closed; second reading of Rehabilitation ordinances held to next meeting 2 Resolution #3618, Adopting express findings re Modification of Uniform Codes for Building Regulations Adopted Appeal, Zone Variance #50, 9001 Firestone Withdrawn by appellant Minutes: Adj. Reg. Mtg. June 21, 1978; Spec. Mtg. November 28, 1978; & Reg. Mtg. November 28, 1978 Approved Correspondence from City of El Monte re Resol. req. Surgeon -General opinion on Air Quality in San Gabriel Valley Filed Denial of Legal Claim, Ref. #402 Approved General Warrants: #171827 - 172160 #205275 - 205331 Approved City's 22nd Anniversary Celebration scheduled for Dec. 15th Information only Ordinance amending DMC re Traffic Regultns. Ordinance #566, Amending DMC (Zone Change Case #135) Resolution #3619, Designating Cecilia St. a thru, street at intersection w/Benfield Av. Mayor Greene suggested possibility of a left -turn lane eastbound, 5th & Paramount Taken under submission Adopted Adopted Resolution #3620, Req. PUC Re-evaluate Cert. Street Ltg. Rates & to Deny requested Rate increase by So. Calif. Edison Co. Adopted Resolution #3621, Reciting Fact of Consolida- ted Spec. Election in City w/General State Election Nov. 7, 1978 & Declaring Result Adopted CC #438, Unit I, Gutter Const. at Songfest Dr. -Metro to Telegraph; Garnish Dr. -Appleby to Vista Del Rio; & Sixth St. -Brookshire to Dolan: Plans, specs, & authority to adver- tise (A/C #21-13952) Approved Consolidated Special Election Expenses: Transfer of $9,000 from General Fund Unappropriated Fund Balance to Account #10 4 1130.0700 Approved Lease Agmt. bet. City & Bank of America at interest rate lower than originally used in computation f/Acquis. of LIBS 100 Automated Control System Taken under submission 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 5 Page 1 of 2 COUNCIL MINUTES, DECEMBER 12, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Appropriation of Funds to construct Screen Fencing at Brookshire Park Failed 5 Hearing on Zone Change Case #138, Pre -zoning of property prior to Annexation from City of Bell Gardens Set for January 9,-1979 5 Hearing on Amendment to Zoning Ordinance for removing non -conforming status of single family homes in C-P Professional Zones Set for December 26, 1978 5 Hearing on Appeal, Zone Change Case #137, 8509 Imperial Hwy. Set for December 26, 1978 5 Appeal, Lot Split #698, 11923-27 Brookshire To be placed on January 9 Agenda 5 Discontinuance of Rubbish Refund Approved 6 Recommended Fines & Charges for City Library, commencing January 1, 1979 Approved 6 Discussion re setting aside money for pymt. of salaries under employees' contracts 6 Letter of appreciation to be sent for donation of Christmas tree in Chamber 6 Executive session re Co -Sponsored Agmts. 6 Meeting adjourned to 4:30 p.m., December 19 6 Meeting adjourned in Memory of Mrs. Bernice Swearingen 6 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 12, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., December 12, 1978, in the Council Chamber of the Downey City Hall,. Mayor William L. Greene presiding. PRESENT: Council Members - Theodore H. Jackman Milton R. Mackaig William L. Greene Mayor ABSENT- Kenneth J. Miller Mayor Pro Tem (excused) Lyell W. Swearingen (excused) ALSO PRESENT: Charles W. Thompson, City Manager Carl K. Newton, Acting City Attorney Ervin Spindel, Director of Community Development 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 Ronald Leege, Acting Director of Finance Harald J. Henriksen, City Engineer Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Jackman. Reverend John Wetzel, Christ Lutheran Church, delivered the Invocation. PRESENTATIONS Mayor Greene read a Proclamation declaring December 10-16 as "Bill Week". The Proclamation was presented to Ms. Carol Stewart. HEARINGS Mayor Greene declared that this is the time and place for the public hearing on Downey City Lighting District Annexation 78/24, Donovan Street, Glynn Avenue to Brookshire Avenue. 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 Mackaig, and so ordered to receive and file the Affidavits. Mayor Greene inquired if the City Clerk had received any written protests or objections. The City Clerk replied he had not. Mayor Greene then 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 Jackman, seconded by Councilman Mackaig, and passed by the following vote to close the hearing. AYES: 3 Council Members: Jackman, Mackaig, Greene ABSENT. 2 Council Members: Miller, Swearingen RESOLUTION NO. 3617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING ANNEXATION OF A CERTAIN AREA 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 THAT AREA UNTIL JANUARY 31, 1983 (ANNEXATION 78/24 - DONOVAN STREET) 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 the following vote to adopt Resolution No. 3617. Council Minutes 12/12/78 -1' AYES. 3 Council Memberss Jackman, Mackaig, Greene ABSENT.- 2 Council Memberss Miller, Swearingen. ® 6213 Mayor Greene declared that this is the time and place for the public hearing on Zone Change Case No. 133,both sides Tweedy Lane between Lubec Street and Dinsdale Avenue. He inquired if there was anyone present who wished to have the hearing postponed for two weeks until all of the Council Members are present, Mr. Frank Evola, 7857 Florence Avenue, representing Mr. Bernstein, the property owner, and Mr. Salvadore Valle, 9805 Tweedy Lane, both agreed this matter should be continued when all five Council Members can be present. It was then moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to continue the hearing on Zone Change Case No. 133, to 7830 p.m., December 26, 1978, in the Council Chamber of the Downey City Hall. AYES. 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen Mayor Greene declared that this is the time and place for the following public hearings Ordinance adovtincr the 1976 Uniform Building Code the 1976 Uniform Mechanical. Code Mayor Greene inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. Mayor Greene then inquired if the City Clerk had received any correspondence on the proposed Ordinances. Mr. Shand replied a letter has been received from the Building Industry Association supporting the proposed revisions. Mayor Greene inquired if there was anyone present who wished to speak in favor or in opposition to the proposed Ordinances, and there was no response. It was moved by Councilman Jackman and seconded by Councilman Mackaig to close the hearing. Mr. Shand explained that after adoption of the Resolution Declaring the Result of the City°s Charter Amendment Election held November 7, 1978, which is scheduled for Council action later on the Agenda, the Resolution is to be mailed to Sacramento for ratification by the Secretary of State. However, at this time the Charter Amendment pertaining to publication of ordinances -in summary would not be applicable to the proposed Building Code Ordinances if they are adopted at this meeting. He suggested with the savings involved for the legal publication that. the Council adopt the Resolution concerning the Express Findings and then adopt the Ordinances at the next meeting. RESOLUTION NO. 3618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY / ADOPTING EXPRESS FINDINGS REGARDING MODIFICATION OF UNIFORM CODES FOR BUILDING REGULATIONS 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 Mayor Greene, and passed by the following vote to adopt Resolution No. 3618. AYES. 3 Council Members.- Jackman, Mackaig, Greene ABSENT: 2 Council Members: Miller, Swearingen The second reading of the Ordinances adopting amendments to the Uniform Building Codes was held to the next meeting. The by the a. No. 50, 9001 Firestone Boulevard, was withdrawn Council Minutes 12/12/78 -2- CONSENT CALENDAR 2-__4 It was moved by. Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar. of June V.X] Correspondence from City of El Monte regarding Denial of Legal Claim Ref. #402 Henry K. Darrah. General Warrants. #171827 - 172160, #205275 - 205331. $576,194.97. AYES. 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen ORAL COMMUNICATIONS (Items not on Agenda) Mr. Neavill invited the public to attend the City's 22nd Anniversary Celebra- tion to be held December 15th, with displays in the City Hall lobby from . - . 0 p.m. depicting the theme "A New Beginning", and a program commencing at 4.30 p.m. ORDINANCES ORDINANCE 140. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. DOWNEY AMENDING PART 12, CHAPTER 1, ARTICLE III OF THE DOWNEY MUNICIPAL CODE PERTAINING TO TRAFFIC REGULATIONS The Ordinance was read by title only. Mr. Thompson stated this Ordinance was prepared at the request of Councilman Swearingen, who received a number of complaints from citizens regarding parked vehicles preventing the street sweeper from sweeping the streets. Also,- he said, the Ordinance has been prepared so that citizens.within a given block can petition the City to designate their area for restricted parking. Mr. Spindel indicated it would cost approximately $100,000 to post the entire City with parking restrictions for street sweeping. Councilman Jackman requested confirmation of that amount because the sweeping problem exists throughout the entire City. Discussion followed. Mr. Spindel said he will have a report for the Council next meeting. It was moved by Councilman Mackaig to take the Ordinance under submission. ORDINANCE NO. 566 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. 227, ZONE CHANGE CASE NO. 135) The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to adopt Ordinance No. 566. AYES. 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen RESOLUTIONS RESOLUTION NO. 3619 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING CECILIA STREET A THROUGH STREET AT ITS INTERSECTION WITH BENFIELD AVENUE Council Minutes 12/12/78 -3- 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 the following vote to adopt Resolution No. 3619. AYES: 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members: Miller, Swearingen Mayor Greene suggested looking into the possibility of a left turn lane east- bound at Fifth and Paramount. RESOLUTION NO. 3620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THE PUBLIC UTILITIES COMMISSION TO RE-EVALUATE CERTAIN STREET LIGHTING RATES AND TO DENY A REQUESTED RATE INCREASE BY THE SOUTHERN CALIFORNIA EDISON COMPANY The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Mayor Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to adopt Resolution No. 3620. AYES: 3 Council Members: Jackman, Mackaig, Greene ABSENT. 2 Council Members: Miller, Swearingen RESOLUTION NO. 3621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED SPECIAL ELECTION HELD IN THE CITY OF DOWNEY WITH THE GENERAL STATE ELECTION ON NOVEMBER 7, 1978, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW 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 the following vote to adopt Resolution No. 3621. AYES. 3 Council Members: Jackman, Mackaig,Greene ABSENT: 2 Council Members: Miller, Swearingen CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve plans and specifications and grant authority to advertise for bids on Cash Contract #438, Unit I, Gutter Construction at (1) Songfe Drive - Metro Street to Teleqraph Roads (2) Garnish Drive - Applebv Street to Vista do Drives and (3) Sixth Street - Brookshire Avenue to Dolan Aven .3952). AYES; 3 Council Members: Jackman, Mackaig, Greene ABSENT: 2 Council Members: Miller, Swearingen MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the transfer of $9,000 from the General Fund Unappropriated Fund Balance to Account #10 4 1130.0700 to meet Consolidated Special Election Expenses. AYES: 3 Council Members: Jackman, Mackaig, Greene ABSENT: 2 Council Members: Miller, -Swearingen It was moved by Mayor Greene and seconded by Councilman Jackman to approve entering into a Lease Agreement between the City of Downey and Bank of America at interest rate of 5-7/8%, which is less than the rate of-6.5%.originally used in the computation of the Agreement between Santa Fe Springs and Downey for Acquisition of a LIBS 100 Automated Circulation Control System. Council Minutes 12/12/78 -4- A discussion was held regarding placing this matter out to bid, a The motion and second were withdrawn, Mayor Greene mentioned he has received calls asking if it would be possible to keep the Library open additional hours each week, and he inquired what it would cost for an additional six hours. Mr, Thompson replied additional morning hours would be helpful to Library patrons. He estimated the annual cost would be approximately $4,000 for the addi- tional hours. He mentioned the City manager's Report contains a recommendation for Library fines and charges which will generate some additional revenue, and possibly the new revenue, if approved, could be used for added hours. Taken under submission. Appropriation of Funds to Construct Screen FtnELnq at Brookshire Park Councilman Mackaig stated opposition to taxpayers' funds being spent to erect the fence, Mr. Neavill explained the proposed chainlink fence would be a five foot addi- tion above the existing block wall, including ten foot posts. He commented on the incidents occurring with broken windows as a result of children playing ball in the park. A discussion was held regarding usage of the park, Mr. Neavill noted a chain link fence erected by the City on the north side of the park has resolved those problems entirely. It was moved by Councilman Jackman and seconded by Mayor Greene to approve constructing screen fencing at Brookshire Park, not to exceed $1,000, and approved as a supplemental appropriation to Account #40-17128, funds to be transferred from Park. In -Lieu Revenue Account #40-661. AYES. 2 Council Members: Jackman, Greene NOES- 1 Council Members Mackaig ABSENT. 2 Council Members. Miller, Swearingen Failed. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to set a hearing on Zone Change Case No. 138, Pre -zoning of property prior to Annexation from the City of Bell Gardens, for 7.30 p.m., January 9, 1979, in the Council Chamber of the Downey City Hall. AYES. 3 Council Memberss Jackman, Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to set a hearing on Amendment to Zoning Ordinance for remov- ing non -conforming status of single family homes in the C-P (Professional) zones. for 7-30 p.m., , in the AYES. 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen Downey City Hallo It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to set a hearing on Appeal, Zone Change Case #137, 8509 Imperial Highway, for 7.30 p.m., December 26, 1978, in the Council Chamber of the Downey City Hall. AYES. 3 Council Members. Jackman,- Mackaig, Greene ABSENT. 2 Council Members. Miller, Swearingen It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to place Appeal, Lot Split #698, 11923-11927 Brookshire Avenue, on the Agenda for January 9, 1979. AYES. 3 Council Members. Jackman, Mackaig, Greene ABSENT. 2 Council Members. Millers Swearingen Council Minutes 12/12/78 -5- CITY MANAGER'S REPORT Mr. Thompson outlined his recommendation for Discontinuance of the Rubbish Refund, pointing out the administrative work involved is greater than the cost of The refunds. It was moved by Mayor Greene, seconded by Councilman Mackaig, and passed by the following vote to approve discontinuance of the Rubbish Refund. AYES: 3 Council Members: Jackman,Mackaig, Greene ABSENT: 2 Council Members: Millers Swearingen Mr, Thompson commented on a study of other cities regarding Library Fines and - Charges. He said the recommended charges for the Downey City Library would be adjusted on a systematic basis in the future to keep up with actual costs. It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to approve the recommended fines and charges for the Downey City Library, commencing January 1, 1979. Mr. Thompson responded to questions regarding the proposed charges. AYES: 3 Council Members: Jackman,Mackaig, Greene ABSENT: 2 Council Members: Miller, Swearingen ORAL COMMUNICATIONS Mayor Greene favored setting aside money as a gesture of good faith for the City°s Employees' Associations. Mr. Thompson said the money is available for the salaries and is appropriated, but it has not been set aside in a special account for payment under the contract. Councilman Jackman mentioned the Council has discussed this several times and indicated it will pay the amount if and when the Court says it must be paid. Mayor Greene asked that a letter of appreciation be sent to-M for Mayor Greene recessed the meeting to executive session at 8:35 p.m. to discuss the Cosponsored Agreements. The meeting resumed at 9:10 p.m. with all Council Members present. At 9:10 p.m., the meeting was adjourned to 4:30 p.m., December 19, 1978, in the Council Chamber of the Downey City Hall. The meeting was also adjourned in memory of Mrs. Bernice Swearingen. L� Zjl/'�' Robert L. Shand, City Clerk -Treasurer Wi liam L. Greene,Mayor Council Minutes 12/12/78 -6-