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HomeMy WebLinkAboutMinutes-12-26-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 26, 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. Hearing on Zone Change Case #133, B/s Tweedy In. bet. Lubec & Dinsdale Continued to January 23, 1979 1 Ordinance amending DMC re Single Family Residences Introduced 2 Appeal, Zone Change Case-#137, 8509 Imperial Hearing closed; action taken under subm. to next meeting 3 Minutes: Regular Meeting December 12, 1978 Approved 3 General Warrants: #172161--172713 #205332 - 205366 Approved 3 Ordinance #567, adopting by reference the 1976 Uniform Building Code Adopted 3 Ordinance #568, adopting by reference the 1976, Uniform Housing Code Adopted 3 Ordinance #569, adopting by reference the 1976 Uniform Plumbing Code Adopted 4 Ordinance #570, adopting by reference the 1976 Uniform Mechanical Code Adopted 4 Ordinance #571, adopting by reference the 1976 Dangerous Buildings Code Adopted 4 Ordinance #572, re Building & Property Rehabilitation Adopted 4 Resolution apprvg. Fare Structure for Downey Elderly & 1-way Handicapped Transit Service Failed 5 Resolution #3622, Apprvg. Appl. for Grant Funds under State Litter Control, Recycling &Re:source Recovery. Fund Adopted 5 Resolution #3623, Changing Regular Meeting Date: of Water Bd. to 3rd Wednesday ea. month Adopted 5 Resolution #3624, Declaring Support & Reaffirming Recognition of LA Regional Criminal Justice Planning Board Adopted 6 Ordinance amending DMC re Traffic Regula- tions (re Street Cleaning Signs) To be resubmitted next meeting 6 State Traffic Control Devices Inventory (TCDI) Grant: Auth. request for 1-year ext. Approved 7 Hearing on amendment to DMC Re Firework Stands Set for January 9, 1979 7 Approp. of Funds to Construct Fencing at Failed; to be placed on next Brookshire Park - Motion to deny Agenda 7 Req. for consideration of Ord. req. local businesses to exclude minors from places where marijuana devices, etc. are sold Chief Martin to submit report 7 Council to send letters re proposed reloca- tion of Downey Municipal Court to Norwalk 7 Discussion re smoke detectors in residential 7 Letter re amendment to Religious Solicitatn. Referred to City Attorney for Ordinance response 7 Page 1 of 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECEMBER 26, 1978. The City Council of the City of Downey held a regular meeting at 7-,30 p.m;, December 26, 1978, in the Council Chamber of the Downey City Hall, Mayor Pro Tem Kenneth J. Miller presiding. PRESENT. Council. Members., Theodore H. Jackman Milton R. Mackaig Lyell W. Swearingen Kenneth J. Miller Mayor: Pro Tem ABSENT. William L. Greene Mayor 'excused) ALSOPRESENT. CharlesW. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald Leege, Acting Director of Finance William A. Goggin, City Planner Howard Stup, Building Official Earl F. Strom, Battalion Chief Charles G. Eccleston, Traffic Engineer Jim Child, Park Maintenance Superintendent Robert L. Shand, City Clerk -Treasurer Judy McDonnell., Executive Secretary The Invocation was delivered by Councilman Jackman. The Flag Salute was led by Councilman Swearingen, HEARINGS Mayor Pro Tem Miller 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, which was continued from the regular meeting of December 12, 1978„ He inquired if the Council or memberF of the audience, in lieu of Mayor Green's absence, would like to have the hearing held at this time. The Council stated no objections. Mr. Richard Battenschlag, 9808 Tweedy Lane, preferred to have thehearingwhen Mayor Greene is present. Mr.. Jim Shull, 9834 Tweedy Lane, also preferred Mayor .Greene bepresent. Mr. Frank Evola, 7857 Florence Avenue, representing the applicant, asked if there will be an open hearing if it is continued again. Mayor Pro Tem Miller replied yes, the hearing will be held on the continued date„ It was moved by Councilman Mackaig and seconded by Councilman Jackman to con- tinue the hearing on Zone Change Case No. 133 to 7e30 p.m., January 23, 1979, in. the Council Chamber of the Downey City Hall. Mayor Pro Tem Miller declared that this is the time and place for the public hearing on Removal of Non -Conforming Status of Single Family Homes in the C-P Eessional) Zones. He inquired if the City Clerk had the Affidavit of , 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 Affidavit. Mr. Goggin stated at the conclusion of the hearing for rezoning on Florence Avenue from R 1 to C-P, the residents facing Florence requested the Council to con- sider changing the Zoning Ordinance and remove single family homes in that area from the non -conforming status to C-P. He said the Council then instructed staff to prepare an ordinance, a hearing was conducted by the Planning Commission, and the Commission approved the proposed_ wording in the Ordinance. Mayor Pro Tem Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Council Minutes 12/26/78 -1- Mayor Pro Tem Miller then inquired if there was anyone present who wished tbb speak in protest to the removal of nonconforming status of single family homes in the C®P (Professional) zones, and there was no response. He asked if there was anyone present who wished to speak in favor, Mr, Leslie Olsen, 8129 Florence Avenue, spoke in favor of the proposed Ordinance because the residential uses on Florence are not compatible with the commercial and professional uses and would relieve the properties of the 20myear amortization which could cause a hardship on the property owners. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing, ORDINANCE NO, AN. ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTION 9154.14 AND ADDING SUBSECTION (4) (a) WHICH RELATES TO SINGLE FAMILY RESIDENCES 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 Swearingen, and passed by the following vote to introduce the Ordinance. AYESa 4 Council Members° Jackman, Mackaig, Swearingen, Miller ABSENT; 1 Council Member8 Greene Mayor Pro Tem Miller declared that this is the time and place for the public hearing on Appeal to Zone Change Case No, 137, 8509 Impartial Highway, 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 Mackaig, and so ordered to receive and file the Affidavit, Mr, Goggin commented on a previous acticn to approve a zone exception at the subject location for a grocery store business conducting the sale of liquor. The approval set forth conditions concerning hours, signs, limited amount of floor space for the sale of alcoholic beverages, etc., and the applicant proposes to change the zone to C®l, to be out from under the conditions of the zone exception. The applicant's request has been denied by the Planning Commission, Mayor Pro Tem Miller inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not, Mayor Pro Tem Miller then inquired if there was anyone present who wished to speak in favor of the Appeal. Mr, Michael Betor, 8346 Gainford, the applicant, requested a zone change to C®1 for his business at 8509 Imperial Highway because of the restricting conditions. He referred to other businesses in the area that do not have the conditions placed on their operation, He responded to questions regarding the imposed conditions and stated in the future he hopes to be able to give the business to his sons, Mr. Thompson explained Mr. Betor's original request was for a grocery store business, yet the signs he installed were in violation of the approval because they indicated "liquor" over p0grocery." He discussed the problems encountered when Mr. Betor installed his sign, Councilman Jackman requested the Council be given the history on this matter and a copy of the conditions imposed, Mr. Goggin explained the conditions were imposed because it is R 1 property surrounded on the east, west, and north by apartment houses and on the south by single family homes, Councilman Jackman stated concern that the applicant is not operating the same as other people who might be considered as competition. There being no one else wishing to speak in favor, nor anyone to speak in opposition, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and so ordered to close the hearing, Council Minutes 12/26/78 -2- Midi^J� Councilman Jackman said he does not know whether the zone change should be'* granted, but feels there should be some relief as far as the conditions are concerned. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to grant the Zone Change to C-1. Mayor Pro Ten Miller stated he cannot vote for the Zone Change because, in his opinion, that would be granting a special privilege to someone who went into busi- ness with full knowledge as to how he could operate, Mr. Sorensen advised the action to approve the Zone Change would require the preparation of an ordinance. Councilman Jackman requested a continuance on this matter for obtaining further information regarding the history of this matter. He also noted that if the Zone Change is granted to C-1, it would.be difficult to tell what might end up at the sub-ject location in the future. Councilman Mackaig feels the Zone Change is compatible with developments along Imperial. The motion and second were withdrawn. The Appeal to Zone Change Case No. 137, was taken under submission to the next meeting. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the Consent Calendar: Minutes: Regular Meeting of December 12 1978. General Warrants: 4172161 - 172713, 4205332 - 205366: $798,955.28. AYES: 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT. 1 Council Member. Greene ORDINANCE N0. 567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING SECTIONS 8226.1, 8230,1, 8231.1, 8239.05, 8239.1, 8239.2, 8241.2, 8246, AND 8247.1; AMENDING SECTIONS 8200, 8206, 8207, 8208, 8209, 8213, 8214, 8217, 8219, 8221.1, 8221.2, 8222.1, 6223, 8224, 8228, 8229, 8230, 8231, 8232, 8233, 8234, 8235, 8236, 8236.1, 8237, 8238, 8239, 8241, 8242, 8243, 8245, AND 8247; REPEALING SECTIONS 8101, 8102, 8103, 8105, 8105.1, 8105.2, 8201, 8202, 8204, 8205, 8212, 8214,2, 8215, 8216, 8217.1, 8217.2, 8218, 8221, 8225, 8243.1, 8250, AND 8251; AND ADOPTING BY REFERENCE THE 1976 UNIFORM BUILDING CODE The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No. 567. Mr. Leslie Olsen, 8129 East Florence Avenue, Chairman of Governmental Affairs for the Building Industry Association, supported adoption of the Uniform Building Code "in toto.°t AYES. 4 Council Members: Jackman, Mackaig, Swearingen, Miller ABSENT. 1 Council Member. Greene ORDINANCE NO. 568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8300 AND ADOPTING BY REFERENCE THE 1976 UNIFORM HOUSING CODE Council Minutes 12/26/78 -3- 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. 568. AYES, 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT, 1 Council Member, Greene ORDINANCE NO. 569 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8500, 8503,.AND REPEALING SECTIONS 8501, 8504, 8505, 8506 AND 8507 AND ADOPTING BY REFERENCE THE 1976 UNIFORM PLUMBING CODE 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. 569. AYES.- 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT.- 1 Council Member- Greene ORDINANCE NO. 570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8700 AND 8706 AND REPEALING SECTION 8701 AND ADOPTING BY REFERENCE THE 1976 UNIFORM MECHANICAL CODE The Ordinance was read by title only. it was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No. 570. AYES, 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT, 1 Council Member. Greene ORDINANCE NO. 571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 8800 AND ADOPTING BY REFERENCE THE 1976 DANGEROUS BUILDINGS CODE The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to adopt Ordinance No. 571. AYES, 4 Council Members- Jackman, Mackaig, Swearingen, Miller ABSENT, 1 Council Member- Greene ORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8901 AND 8907 OF BUILDING AND PROPERTY REHABILITATION The Ordinance was read by title only. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to waive further reading. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to adopt Ordinance No. 572. AYES. 4 Council Members- Jackman, Mackaig, Swearingen, Miller ABSENT, 1 Council Member- Greene Council Minutes 12/26/78 -4- RESOLUTIONS RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FARE STRUCTURE FOR THE DOWNEY ELDERLY AND ONE-WAY HANDICAPPED TRANSIT SERVICE The Resolution was read by title only. It was moved by Councilman Swearingen and seconded by Councilman Mackaig to waive further reading, it was moved by Councilman Jackman and seconded by Councilman Swearingen to adopt the Resolution, Councilman Jackman said during budget hearings the Council was informed there was grant money to pay the cost for the senior citizen bus, and he questioned the need for the fare, Mr. Thompson responded the grant expires the end of this fiscal year and the drivers are CETA employees, At the end of the fiscal year there would be a ques- tion of whether or not there would be sufficient funds to continue the program, Mr. Eccleston explained SCAG and the County Transportation Commission have requested the City demonstrate to what extent fare box revenues can contribute to the cost, and staff feels at this point there is an inequity.in not charging senior citizen passengers when charging the handicapped passengers. Responding to further questions, Mr. Thompson outlined SCAG°s involvement as the area -wide clearing house for all transportation programs within Los Angeles and several adjoining counties, AYES- 0 Council Members. None NOES. 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT- 1 Council Members Greene Failed, RESOLUTION N0, 3622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND The Resolution was read by title only. It was moved by Mayor Pro Tem Miller and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by the following vote to adopt Resolution No, 3622; Mr, Spindel commented on the grants available for litter cleanup, education and public awareness, enforcement, and litter receptacles. He said this is a pre- liminary application, and further detail will be brought back to the Council for final submission, Mr. Spindel commented on the types of receptacles that will be required with covers. Private businesses are also required to install litter containers. He responded to questions regarding the proposed amount for the Keep Downey Beautiful Committee, outlining that the grant does allow funds to be distri- buted to citizen groups to assist them in this program. Further discussion followed. AYES. 4 Council Members. Jackman; Mackaig, Swearingen, Miller ABSENT. 1 Council Members Greene RESOLUTION N0, 3623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE REGULAR MEETING DATE OF THE WATER BOARD TO THE THIRD WEDNESDAY OF. EACH MONTH The Resolution wasread by title only. It was 'moved by Councilman Mackaig and seconded by Councilman Jackman to waive further reading, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to adopt Resolution No, 3623 Council Minutes 12/26/78 -5- AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Miller ABSENT; 1 Council Members Greene RESOLUTION N0, 3624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OF LOS ANGELES COUNTY TO DECLARE ITS SUPPORT OF, AND REAFFIRM ITS RECOGNITION OF, THE LOS ANGELES REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS THE COUNTY REGIONAL CRIMINAL JUSTICE PLANNING AND COORDINATING BODY FOR CRIMINAL JUSTICE The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman, Swearingen to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to adopt Resolution No, 3624, AYES. 4 Council Members; Jackman, Mackaig, Swearingen, Miller ABSENT. 1 Council Member. Greene MISCELLANEOUS COUNCIL ACTIONS Citywide Park, Restriction Report on Street Cleaning ORDINANCE N0, 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. Spindel commented on the cost to post 400.curb miles in the City with an estimated 9750 signs, Mr. Eccleston pointed out that a poll of the Police Department indicates most cities are cutting back on these programs because of the costs and objections of citizens regarding the parking citations that are issued Mr. Thompson suggested a possibility would be to post those streets which the street sweeper operator indicates he has continual problems with, or streets on which the City receives habitual citizen complaints. He said the current policy has been the Council does not want to post any signs unless there is a petition res ceived from the majority of the people on the street. He also pointed out there is no current budget for posting "no parking" signs. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to take the Ordinance under submission for resubmittal next meeting, State Traffic Control Devices Inventory (TCDI) Grant Mr, Eccleston advised the Grant was approved for the calendar 1978, and it would be necessary to file a letter requesting an extension of the funding for the 1979 year if the Council would like to pursue more information or continue to study the issue, In the event a request for extension on the funding is not sent to the State, then Downey�s funds for the 1979 year would lapse and not be available, Mr. Eccleston outlined the importance of inventorying the City°s traffic control de- vices, particularly because it involves public safety. The inventory would make possible an accurate identification of every device in the City --where it is, when it was first placed, and the type of device, The City would then be able to provide scheduled budgeting and maintenance and lessen the City's liability in terms of Court actions, During discussion, Mr. Sorensen explained that an inventory and maintenance program on the traffic control devices can lessen the City°s liability in the event of an accident. It was further explained that if the inventory is set up on a computer pro- gram, it would provide the City with a tool by which it could have a systematic maintenance program of the traffic devices; also, if the system is maintained, it would be incorporated with the regular procedures of the City°s operation, Further discussion ensued. Council Minutes 12/26/78 -6- Councilman Jackman indicated he would be willing to grant staff the -abilit¢ - ' to request the one year grant but not to accept the grantor apply for it. He would like to discuss this more fully with staff. It was moved by Councilman Jackman, seconded by Mayor Pro Tem Miller, and passed by the following vote to authorize a request for a one-year Grant extension, AYES. 3 Council Members; Jackman, Swearingen, Miller NOES-. 1 Council Members Mackaig ABSENT. 1 Council Members Greene It was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to set a hearing on amendment to Downey Municipal Code Section 9122.04, regulating Fireworks Stands, for 7.30 p.m., January 9, 1979, in the Council Chamber of. the Downey City Hall. _ Appropriation of Funds to Construct Fencing at Brookshire Park Councilman Mackaig inquired why this has been placed on the Agenda again this meeting, Mr. Thompson indicated he asked the Mayor if this should be brought back and the Mayor replied yes. It was moved by Councilman Mackaig and seconded by Councilman Swearingen to deny the $1,000 supplemental appropriation. AYES. 2 Council Memberss Mackaig, Swearingen NOES. 2 Council Members. Jackman, Miller ABSENT. 1 Council Members Greene Failed. Mayor Pro Tem Miller stated for the record this matter will be brought before the Council at the next meeting. Discussion followed. REPORTS. None ORAL COMMUNICATIONS At the request of Councilman Mackaig, a letter from the Downey Chamber of Commerce asking the Council to consider adopting an ordinance requiring local ] nesses to exclude minors from anv room or ,lace where davices.. etc— for the sale, to offered for Mr. Thompson said the Chief of Police has been reviewing this and will be submitting a report. Councilman Mackaig also requested the Council Members, City Manager, and Police Chief to send letters to the Board of Supervisors concerning the proposed relocation of the Downey Municipal Court to Norwalk. Councilman Mackaig suggested consideration be given to passing an ordinance reealiring smoke detectors in all new residential and commercial construction. Mr. Soup advised that the City has been requiring smoke detectors on all new construction, and the Fire Department in its Uniform Fire Code amendments is requiring that anytime a permit is issued on a lot, a smoke detector will be in- stalled in the house. The City Attorney was requested to respond to a letter concerning amendment to the City of Downey Religious Solicitation Ordinance, There being no further business to come before the City Council, at 9;45 p.m., it was moved by Councilman Jackman, seconded by Councilman Swearingen, and so ordered to adjourn the meeting. RokSert L. Shand, City Clerk -Treasurer /,W Zo / ' , Kenneth J. Per,, Mayor Pro Tem Council Minutes 12/26/78 -7-