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HomeMy WebLinkAboutMinutes-02-13-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 13, 1979 T A B L E O F M I N U T E A C T I O N S ettn�r M. Presentations to Mrs. Mira Mareno and Mr. Richard Whiteman Increase in Library Service Hours & authorize appropriation Concept for proposed Downey Theatre Management Plan Operation, subject to groups coming back to Council next meeting w/ideas Council suggested Ordinance #577, adopting by reference the 1978 National Electrical Code ACTION: Approved Approved Adopted Ordinance #578, extending Ord. #546 Prohibiting Issuance of Bldg. Permits for 8-mo. period in Redevelopment Proj. Area & Downtown Reinvestment Planning Area except on auth. of Council (emergency) Adopted Resolution #3638, apprvg. Sale of Land (Cordon property) Adopted Community Development Comm. Resolution #13, Apprvg. Owner Participation Agmt. w/Angelo R. Cardona & Sale of Land Adopted PAGE NO. 1 1 2 3 4 4 4 Minutes: Adj. Reg. Meetings June 27, 1978, January 16, 1979, January 29, 1979, January 30, 1979, & Reg. Meeting January 23, 1979 Approved 4 Corres. from County Bd. Supervisors re Release of Urban Funds Filed 4 Denial of Legal Claims: Ref. #385, #408, #409, & #410 Approved 5 S.S. Proj. #335, Paramount B1.: Acceptance of improvements (A/C #26-16202) Approved 5 CC #441, Wilderness Park Walkways: Plans & specs & auth. advertising (A/C #21-17127) Approved 5 General Warrants: #173366 - 174082 #205440 - 205491 Approved 5 Presentation of check from Exchange Club to Sister City Comm. 5 Ordinance #579, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #133) Adopted 5 Ordinance #580, Amending Zoning Map adopted by Sec. 9106.06 DMC (Zone Change Case #137) Adopted 5 Ordinance #581, re Uniform Fire Code Adopted 6 Ordinance #582, Prohibiting Issuance of Bldg. Permits in Firestone Corridor Planning Area except on Auth. of Council (emergency) Adopted CI Emergency Ordinance restricting residential const. to condominiums on Tweedy Lane (from Lubec to Dinsdale) To be placed on March 13th Agenda 6 Resolution #3639, Apprvg. Final Subdivision Map of Tr #27378, Apprvg. Agmt. w/Subdividers & Accept Letter of Credit (Telegraph Rd. & San Gabriel River) Adopted 6 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 13, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Tract #27378, Telegraph Rd. & San Gabriel River: Set Park Fees Approved 6 Tract #35710, SW corner Priscilla St. & Clark Ave.: Set Park Fees Approved 6 Resolution #3640, Apprvg. Final Subdivision Map of Tr #35710, Apprvg. Agmt. w/Subdividers & Accept Letter of Credit (SW Corner Priscilla St. & Clark Ave.) Adopted 7 Resolution #3641, Opposing Abolishment of Territorial Automotive Insurance Rating Adopted 7 Appeal, Lot Split #698, 11911-22-23-29 Approved, providing sidewalks & Brookshire Ave. wall are built 8 Instruct City Manager to take necessary steps to advise Council whether conditions imposed on property could be made matter of record for title company to pick up, so when ppty. being transferred new buyer will be aware of conditions Approved 8 Appeal, Lot Split #711, 11711-15 Vultee Ave.: Grant modifications re conditions #3, #4, #7, #8, #10, & fence be moved or removed in 60 days Approved 9 Century B1., Lakewood to Rosecrans: Concept of imprvmts.; transfer of funds; auth. staff proceed w/Chapter 27 for curb & gutter; & auth. staff to negotiate for R/W Approved 9 Appeal, Zone Variance #54,9530 Brock Ave. Hearing set for 2/27/79 9 Contractual Agmt. w/County f/Continuance of Cerritos Corridor Juvenile Diversion Proj. Approved; Mayor authorized to sign 9 Zone Change Case #141, 12830-48 Paramount Hearing set for 2/27/79 9 Zone Change Case #139, W/s Lakewood Blvd. from. 5th St. Sly. to 150' Nly. of Firestone Apptmt. of Ron Leege, Director of Finance Resolution #3642, Revising Management - Supervision Pay Plan f/Manager of Revenue Resolution #3643, Revising Management - Supervision Pay Plan f/Housing & Redevelopment Coordinator Hearing set for 2/27/79 Approved Adopted Adopted 9 10 10 10 Resolution #3644, Auth. City Mgr. file necessary Appl. w/Dept. Ind_ Relations in State to Self Insure f/Workers Comp. Purposes Adopted 11 -- Discussion re Fireworks stands 11 Status of request f/curb & gutter on Downey Ave. @ Bixby 11 Request f/correction of paving condition on W/s Paramount @ Alameda 11 Mayor to prepare letter for Council signa- tures urging Yes vote on SCA-2 (Bussing) 11 Store owner addressed Council re paraphernalia ordinance 11 City Attorney to draft ordinance re restrictions on paraphernalia Approved 11 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 13, 1979 The City Council of the City of Downey held a regular meeting at 7:40 p.m., February 13, 1979, 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 Tem Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor ALSO PRESENT: Charles W. Thompson, City Manager John H. Saunders, Assistant City Manager Royal M. Sorensen, City Attorney Ronald Leege, Acting Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Ruth Miller, City Librarian William A. Goggin, City Planner Howard Stup, Building Official Earl F. Strom, Battalion Chief Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Rabbi Stuart Lashen, Temple Ner-Tamid. The Flag Salute was led by Councilman Jackman. PRESENTATIONS Mayor Greene presented to Mrs. Mira Mareno a special commendation for her assistance to an injured citizen, whose hand was caught in a meat grinder. Mr. Richard Whiteman, Dean of vocational Education at Cerritos College, dis- cussed the vocational program and offered at anytime to give the City Council a tour of the facility. He then received from Mayor Greene a proclamation declaring February 11-17, 1979, as vocational Week in the City of Downey. MISCELLANEOUS COUNCIL ACTIONS It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve an increase in Library Service Hours and autho- rize appropriation of $3600 to the temporary personnel account (#10 4 4820.0020) to provide ten additional hours of Library service each week for the remainder of the fiscal year. Proposed Downey Theatre Management Plan Mr. Neavill stated the Council has received a proposal from the joint group con- sisting of the Downey Association of Fine Arts and the Civic Ballet of Southern California, and subsequently received copies of a document providing greater detail than the proposal. He pointed out that neither City staff or the City Attorney has had an opportunity to review either proposal in detail and cannot make any recommendations. The representatives of the two groups ask that the second proposal be considered as an outline of a concept, and he indicated with Council approval, staff will work with the City Attorney to establish a lease agreement and management contract. He feels given another two weeks to iron out the details this can be a workable plan. Responding to questions regarding any recommendation of the Recrea- tion & Community Services Commission, Mr. Neavill stated the Commission did ask that the initial proposal be modified to increase the Board of Directors from seven to nine members. The Commission feels it can endorse the concept in principal. The group needs an indication of approval from Council in order to proceed in drafting a lease. Councilman Jackman favors using the Theatre as a Theatre, but feels there is a lot of work that still needs to be done. Mayor Greene asked if consideration has been given to hiring a theatre manager to do the coordinating. Council Minutes 2/13/79 -1- 6 Mr. Neavill replied the group is recommending that Mr. Hal Bales, business manager of the Civic Ballet, be assigned as manager, with approval of the new Foundation Board of Directors, for a period of at least one year with option for renewal. Mr. Bales has indicated his willingness to do so, on the basis of working for reimbursement of expenses only --no salary. Mr. Hal Bales, representative of the Civic Ballet of Southern California, stated he has no theatre manager experience but has been involved as manager of the Civic Ballet and similar operations for a number of years, as well as a school which is theatrically oriented and involved with the development and contracting of talent. He said he has produced for the radio as well as the stage and sees himself as a pro- ducer rather than a theatre manager. He feels the Theatre needs someone who is available to produce a show when the Theatre is not otherwise profitably engaged. Councilman Swearingen stated it is necessary the Theatre operation work and that there be a professional manager. Mr. Bales pointed out he has volunteered his services to give the organizations an opportunity to raise their income level without the burden of a high-priced theatre manager. Mayor Greene asked if there is a time schedule for beginning the management operation. Mr. Bales replied if the Council endorses the principal this evening, he is pre- pared to do a benefit performance at the Theatre as early as the 3rd or 4th of March, as well as planning for productions starting July 1st. Councilman Mackaig concurred with Councilman Swearingen regarding a professional theatre manager but said he should not be a member of one of the participating organizations in order to eliminate any partiality. Mrs. Jean Albrecht, 7214 Glencliff, chairperson for the Downey Association of Fine Arts, commented on the groups' willingness to make the Theatre operation work and remain as a performing arts center in the City. She said some sort of commit- ment of the Council is needed so that they will know how to proceed with finalizing the lease and to begin generating revenue -producing programs. Speaking to the hiring of a professional theatre manager, Mrs. Albrecht indicated she would concur with this; however, Mr. Bales' offer was accepted for financial reasons because he offered to do so at no compensation other than expenses. Councilman Swearingen asked Mrs. Albrecht meet with Mr. Bales and check into the possibility of a professional manager for the Theatre and seek resumes from people who are available for this. Councilman Jackman said the Theatre is a business operation and needs a busi- nessman as manager for at least the next year or two. He feels Mr. Bales has enough experience with theatre, as well as with business, to be able to operate the Theatre successfully, but he does not agree with a nine member Board of Directors. Mrs. Albrecht stated the theatre manager would be hired by the Theatre Foundation and responsible to the Foundation and Board of Directors --the City would have the right to approve or disapprove anyone selected and review their resume. Councilman Swearingen suggested the Theatre Foundation might pattern itself after the Hospital Foundation, and possibly the groups could discuss this with the Hospital Administrator. It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the concept of the proposed Downey Theatre Management Plan Operation, subject to the groups coming back to Council next meeting with some of the ideas Council has suggested. Mrs. Albrecht requested Council meet with the groups to provide their input. The Council Members indicated their willingness to attend the groups' future meetings. AYES. 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Mrs. Albrecht requested the Council to consider the possibility of sustaining the organization with funds for approximately three months, on a pay back arrange- ment from the Foundation, tax free. Council Minutes 2/13/79 -2- Mayor Greene declared a recess from 8s35 p.m. to 8s41 p.m. The meeting resumed with all Council Members present, HEARINGS Mayor Greene declared that this is the t.i'me and place for the public hearing on proposed Ordinance adopting the 1978 National Electrical Code 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 Swearingen, and so ordered to receive and file the Affidavit. Mr. Stup stated adoption of the 1978 National Electrical Code is requested for compliance with the State Housing Act and Health & Safety Code. Mayor Greene inquired if the City Clerk had received any correspondence, and the City Clerk replied he had not, Mayor Greene then inquired if there was anyone present to speak in favor of the proposed Ordinance. Mr. Leslie Olsen, 8129 Florence Avenue, representing the Building Industry Association of Southern California, complimented City staff for bringing the City°s Code in conformity with the National and present State Codes. There being no one else to speak in favor, nor anyone to speak in opposition, it was moved by Councilman Jackman and seconded by Councilman Miller to close the hearing. ORDINANCE NO. 577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 8400, 8401, 8402, 8403, 8409, 8411, 8415, 8417, 8424 AND 8426 AND REPEALING SECTIONS 8404, 8405, 8406, 8406.1, 8407, 8410, 8412, 8413, 8414, 8416, 8418, 8419, 8420, 8421, 8423, 8425, 8427, 8428, 8429, 8430, 8431a 8432, AND 8433 AND ADOPTING BY REFERENCE THE 1978 NATIONAL ELECTRICAL 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 unanimous vote to adopt Ordinance No. 577. Mayor Greene declared that this is the time and place for the public hearing on Interim Ordinance Prohibiting the Issuance of Building Permits for Eight -Month Period in the Redevelopment Project Area and Downtown Reinvestment Planning Area except upon Authorization of the City Council. He inquired if the City Clerk had the Proof of Publication, to which the City Clerk responded in the affirmative. Mr. Goggin reported this is a continuation of the emergency Ordinance which still gives Council the right to approve all permits for any structures to be erected in the Downtown Redevelopment Area until staff can develop the complete plan for that area. Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. Mayor Greene then inquired if there was anyone present to speak in favor or in opposition, and there was no response. It was moved by Councilman Jackman and seconded by Councilman Mackaig to close the hearing. ORDINANCE NO. 578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY EXTENDING ORDINANCE NO. 546 PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR AN EIGHT MONTH PERIOD IN THE REDEVELOPMENT PROJECT AREA AND DOWNTOWN REINVESTMENT PLANNING AREA EXCEPT UPON AUTHORIZATION OF THE CITY COUNCIL Council Minutes 2/13/79 -3- �� A '.JI � ra Mr. Sorensen advised the last two lines in the first paragraph of Section 1 should reads "therefore, except upon the following conditions, are hereby extended for a period of eight months." 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 unanimous vote to introduce and adopt emergency Ordinance No. 578, as amended, (The Ordinance was later read aloud in its entirety by the City Attorney and again adopted by unanimous vote of the City Council,) Mayor Greene declared that this is the time and place for the public hearing on Sale of Land as Provided for in the Cardono Owner Participation Agreement, He inquired if the City Clerk had the Proof of Publication, to which the City Clerk responded in the affirmative. At this time, the Council reconvened as the Community Development Commission for a joint hearing of the Council and Commission. The roll call was taken --all Commissioners were present, Mr. Tincher commented on the actions to be taken by the Council and Commission according to the requirements set forth by California Redevelopment Law, Mayor Greene inquired if the City Clerk had received any correspondence on this matter, and the City Clerk replied he had not. There being no one present to speak in favor or in opposition to the proposed sale of land, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to close the hearing, RESOLUTION NO. 3638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE SALE OF LAND 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 unanimous vote to adopt Resolution No. 3638, RESOLUTION NO. 13 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ANGELO R. CARDONA AND THE SALE OF LAND ASSOCIATED WITH SAID AGREEMENT The Resolution was read by title only. It was moved by Commissioner Jackman and seconded by Commissioner Miller to waive further reading. It was moved by Commissioner Jackman, seconded by Commissioner Miller, and passed by unanimous vote to adopt Resolution No. 13. Mr. Tincher stated consideration will have to be given to the prices estab- lished through the appraisal for the acquisition of property identified in the Cordon Agreement. At 8055 p.m., the Community Development Commission meeting was adjourned to 4:30 p.m., February 22, 1979, in the Council Chamber of the Downey City Hall, The City Council then resumed its meeting with all Council Members present. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by the following vote to approve the Consent Calendar: Minutes: Adjourned Regular Meetings of June 27 1978 January 16 1979, January 29, 1979, January 30 1979, and Regular Meeting of January 23, 1979. Correspondence from County Board of Supervisors regarding Release of Urban Funds. Council Minutes 2/13/79 -4- S.S. Project #335 Paramount Boulevard. Accept improvements and responsibility for maintenance thereof (A/C #26-16202), Cash Contract #4410 Wilderness Park Walkways. Plans and specifications and authorize advertising for bids (A/C #21-17127). General Warrants- #173366 - 174082, #205440 - 205491: $1,001,263.03. AYES; 5 Council Members° Jackman, Miller, Mackaig, Swearingen, Greene ORAL COMMUNICATIONS Councilman Mackaig submitted a $100 check from the Exchange Club for the City Committee. The check was given to Councilman Miller, who indicated he w transmit it to the treasurer of the organization, ORDINANCES ORDINANCE NO. 579 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. 220, ZONE CHANGE CASE NO. 133) 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 Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Ordinance No. 579. ORDINANCE NO. 580 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 (ZONE CHANGE CASE NO. 137) 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. 580. Councilman Jackman inquired if someone wanted to open a "bar11 at the subject location, would it require a conditional use permit. Mr. Sorensen explained no on -sale liquor operation can be carried on within a certain distance of residential property without a conditional use permit, so long as that provision of the Zoning Ordinance remains in effect. If the "C" zone is approved in this case, the property will have the same right or obligation as any other C-1 zoned property in the City. Councilman Miller inquired about the Zoning Ordinance complying with the uses set forth in the General Plan. Mr. Sorensen replied the Zoning Ordinance and General Plan can always be amended, but he does not feel the Zoning Ordinance has to be in precise compliance. Councilman Miller then asked if the conditions on the property that now exist would still remain in existence. Mr. Sorensen stated it is his opinion the variance under which the property has operated is still applicable, and until such time as the conditional use permit is issued, the property would have to be operated according to the provisions of the variance. If a conditional use permit is sought and granted, then different condi- tions would be required. AYES° 3 Council Members: Jackman, Mackaig, Swearingen NOES: 2 Council Members: Miller, Greene Council Minutes 2/13/79 -5- ORDINANCE NO. 581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE DOWNEY MUNICIPAL CODE BY AMENDING SECTIONS 3302, 3337(a)3, 3337(a)5, 3337(b), 3338(a), 3340(b), 3341(a), 3341(b), 3341(m), 3341(w), 3342 AND 3343(b) AND ADDING SECTION 3341(y), ALL OF WHICH SECTIONS RELATE TO THE UNIFORM FIRE 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 unanimous vote to adopt Ordinance No. 581. ORDINANCE NO. 582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN THE FIRESTONE CORRIDOR PLANNING AREA EXCEPT UPON AUTHORIZA- TION OF THE CITY COUNCIL Mr. Sorensen noted the following corrections should be made in the Ordinance Section 1, second line, following the word "issued," insert "for the Firestone corridor area as shown on Exhibit A hereof." Section 1, sub -section 3, 4th line, after the word "is" insert "not." In the 7th line after the word "will" insert "not." 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 unanimous vote to introduce and adopt emergency Ordinance No. 582. (The Ordinance was later read aloud in its entirety by the City Attorney and adopted by four "Yes" votes of the Council and one "Abstention" by Councilman Mackaig.) Construction to Condominiums on Street to Mr. Goggin stated an Ordinance has been prepared and will be distributed to Council next week. He commented on the desirability of having the Ordinance adopted on March 13, because it will be a six-month Ordinance and would then allow staff more time to come back to the Council with a final Ordinance. The emergency Ordinance will be placed on the March 13th Agenda. RESOLUTION NO. 3639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO. 27378 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (TELEGRAPH ROAD AND SAN GABRIEL RIVER) The Resolution was read by title only. It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by unanimous vote to set the Park Fees at $1.35 per square foot, or $9,713.25 total, on Tract No. 27378, Telegraph Road and San Gabriel River. 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 unanimous vote to adopt Resolution No. 3639. It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by unanimous vote to set the Park Fees at $1.24 per square foot, or $2,393.20 total, on Tract No. 35710, Southwest corner Priscilla Street and Clark Avenue. Council Minutes 2/13/79 -6- P -mot !ts 0 RESOLUTION NO. 3640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF TRACT NO, 35710 APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPT- ANCE OF A LETTER OF CREDIT IN LIEU OF SURETY BONDS (SOUTHWEST CORNER PRISCILLA STREET AND CLARK AVENUE) 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. 3640. RESOLUTION NO, 3641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY OPPOSING THE ABOLISHMENT OF TERRITORIAL AUTOMOTIVE INSURANCE RATING The Resolution was read by title only. Councilman Miller said he would like to study this further, Councilman Mackaig indicated a State-wide rating could result in an approxi- mate three percent increase to Downey residents. Discussion followed, 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, 3641. AYES: 3 Council Members: Jackman, Mackaig, Swearingen NOESa 1 Council Member: Miller ABSTAIN: 1 Council Member: Greene Councilman Miller requested the City Manager to provide additional information regarding the insurance rating. MISCELLANEOUS COUNCIL ACTIONS Appeal, Lot Split #698, 11913-21-23-29 Brookshire Avenue Mr, Goggin stated Mr. Olsten filed a lot split for division of property at the southwest corner of Brookshire and Stewart and Gray Road. The Planning Commission approved the lot split setting forth conditions, and Mr. Olsten is appealing some of those conditions. Mr. Harold Treadway, 10841 Paramount Boulevard, attorney for Mr. Olsten, the applicant, stated Mr. Olsten purchased the property before the City incorporated and subsequently sold the two southern lots, retaining the three northern lots. He said at the time the purchaser of the southerly portion applied for a permit to construct improvements, he was informed by the City that no legal lot split had been sought or granted on the entire parcel originally owned by Mr. Olsten, and he was also informed that until such time as application was made for a legal lot split, he would not be given a building permit, Mr. Treadway explained that subsequently, Mr. Olsten filed for a lot split, which was approved by the Planning Commission subject to certain conditions. He then read the Planning Division's letter of May 11, 1978, setting forth conditions on which the lot split would be granted, and he objected to Item 4, requiring a garage or carport for each dwelling unit, and Item 8, requiring installa- tion of a retaining wall. Speaking to Item 4, he said driveways have been constructed by each house on the property, and there is adequate offstreet parking. Requiring a garage or carport would be imposing undue hardship and restriction on the rights of the property owner. Referring to Item 8 for a retaining wall, Mr. Treadway stated there is a decided slope of the property to the sidewalk level, but the entire front yard is covered with grass, which would prevent dirt or other debri from washing down onto the sidewalk in inclement weather. Responding to questions, Mr. Goggin pointed out double garages or carports are required on all residential uses, and anything less would be substandard development. When a person files for a lot split, the City asks the property owner to bring the Council Minutes 2/13/79 -7- Property up to code as far as possible. He pointed out this property is shallow, the front yards were originally built as a ten -foot sideyard setback, and there is a high elevation above the sidewalk, which does create drainage problems and causing obstructions on the sidewalk. Staff has recommended the retaining wall as a safety feature. He stated if it is determined on survey the sidewalk is dangerous or uneven, it would have to be replaced. Discussion followed. Responding to further questions regarding the slope of the property, Mr. Goggin pointed out the code does not allow grading property sharper than one percent, yet the slope on this property is three to four feet from the house to the sidewalk. A heavy rain can cause erosion of the property onto the sidewalk. A discussion was held regarding the condition of the existing sidewalk and the need to replace any portion that may require upgrading for safety purposes. Mr. Thompson noted the condition for sidewalks is to protect the City°s inter- est, and both the Planning Commission and City Council have indicated they want the sidewalks to meet City standards. Mayor Greene feels a carport built on the property will create a parking problem and that a wall would be over development of the property. He does not agree with the requirement for sidewalks. Mr. Ken Hudspeth, purchaser of the southern portion of the property, mentioned he built the sidewalks and cinder block wall; also, he added dirt to level the front yard of his property. Councilman Jackman stated since the sidewalks and retaining wall are a matter of public safety, he thinks they should be part of the conditions of the lot split, but remove the condition for trees and carport because he does not think they are a matter of public safety in this instance, nor would they be upgrading the houses. Mr. Treadway said Mr. Olsten will install sidewalks and a retaining wall. It was moved by Councilman Swearingen, seconded by Councilman Mackaig, and passed by the following vote to approve the appeal on Lot Split #698, providing the sidewalks and wall are built. Mr. Sorensen advised the motion modifies the decision of the Planning Commission only to the extent of eliminating condition #4 for the garage or carport and eliminating the parkway trees in Condition #3. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Miller, seconded by Mayor Greene, and passed by unanimous vote to instruct the City Manager to take necessary steps to advise Council whether or not conditions imposed on property could be made a matter of record for the title company to pick up, so that when a property is being trans- ferred the new buyer will be aware the conditions are in existence. Mayor Greene declared a recess from 10:21 p.m. to 10:23 p.m. All Council Members were present. Appeal, Lot Split #711, 11711-15 Vultee Avenue Mr. Goggin commented on development of the applicant's property prior to the City's incorporation. He pointed out that when the home was constructed on the corner at 11711 Vultee, it was built on the property line. when the southerly por- tion of the property was sold, ten feet was retained and attached to the property to the north. The request is now to divide the remaining property to create 9018 Buckles as a separate lot and 11711 Vultee. Miss Gladys Katanjian, representing her mother, Mrs. Mary Katanjian® stated the original plot plan was approved April 3, 1957, at which time two homes were built at 11711 Vultee and 9018 Buckles. She commented on her mother's decision to split the property in accordance with the approved plot plan, and at the time the property was surveyed, they were informed they must appear before the Planning Commission for a lot split. Miss Katanjian informed the Council that her mother is giving her the property at 11711 Vultee and giving 9018 Buckles to her sister's son. She stated her objection to the Planning Commission's recommendation for sidewalks, a two -car garage or carport, parkway trees, and a wheelchair ramp. Council Minutes 2/13/79 -8- Mr. Goggin commented on the requirement for sidewalks, Miss Katanyiar, noted the property at 11711 Vultee will become her property, and she will continue to rent it out. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by the following vote to grant the modifications on Lot Split #711 with re- gard to Conditions #3, #4, #7, #8, and #10, and that the fence be moved or removed within 60 days, Further discussion ensued, Miss Katanjian indicated that if all the residents on both sides of Vultee were: to install sidewalks she would do so as well, AYES. 4 Council Members. Jackman, Mackaig, Swearingen, Greene NOES. 1 Council Member-. Miller Century Boulevard - Lakewood Boulevard to Rosecrans Avenue Various drawings were displayed outlining proposed parking space configurations for the business at 8830 Rosecrans Avenue, including alternatives for ingress and egress to that property. In discussing each of the proposed alternatives, Mr. Henriksen indicated that in accordance with the new Zoning code, the legal requirement for parking on this property would be eight spaces. He pointed out that two of the three diagrams do not meet code requirements. Mr. Henriksen stated the proposed acquisition of land by the City for constructing the new intersection design is approximately 500 square feet. Responding to questions, he said the property owner would bear the cost for curb, gutter, and driveways, and he would be compensated for the right-of-way acquired, Mr. Henriksen noted the primary concern at this time is the improvement of Century Boulevard because of the proposed work contemplated by the City of Paramount, Mr, Thompson mentioned these plans will have to be discussed with the property owner. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to approve the concept of improvements on Century Boulevard;, transfer $45,000 from Account #26-16184 to Account #26-16210, authorize staff to proceed with Chapter 27 for curb and gutterx and authorize staff to enter negotia- tions for right-of-way. Councilman Miller feels Paramount should absorb more of the costs for the work on Century. AYESa 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene It was moved by Councilman Mackaig, seconded by Mayor Greene, and so ordered to set a hearing on Appeal, Zone Variance #54, 9530 Brock Avenue, for 7.30 p.m., February 27, 1979, in the Council Chamber of the Downey City Hail. Contractual Agreement with the County of Los Angeles for Continuance of the Cerritos Corridor Juvenile Diversion Project Chief Martin explained the Cerritos Juvenile Diversion Project qualifies for $35,800 of a County Probation Subsidy, for which no matching funds are required. The program will then be funded through this fiscal year. It was moved by Mayor Greene, seconded by Councilman Jackman, and passed by unanimous vote to authorize the Mayor to sign a contractual agreement with the County of Los Angeles for continuance of the Cerritor Corridor Juvenile Diversion Project. It was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered to set a hearing on Zone Change Case #141, 12830-48 Paramount Boulevard, for 7230 p.m., February 27, 1979, in the Council Chamber of the Downey City Hall. It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to set a hearing on zone Change Case #139, West side Lakewood Boulevard extending from Fifth Street southerly to a line 150 feet northerly of Firestone .30 p.m., February 27, 1979, in the Council ty Hall. Council Minutes 2/13/79 -9- CITY MANAGER'S REPORT Mr. Thompson recommended the Appointment of Mr. Ronald Leege as Director of Finance, effective February 19, 19 99, at $2300 per month. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to confirm the appointment of Ronald Leege as Director of Finance, Mr. Thompson then proposed the transfer of Mr. Joe Nix, Manager of Technical Services in the Police Department, to the position of Manager of Revenue in the Finance Department at $2130 per month. He said consideration is also being given to the combination of duties which could result in a reduction of costs in both the Police and Finance Departments. Mr. Thompson then recommended reclassification and modification of the salary for Mr. Tom Tincher, Housing & Redevelopment Coordinator. He noted there has been no change in the position since Mr. Tincher has been with the City, although the work has expanded greatly during that time. Mr. Thompson requested the salary be placed at $2239, effective February 19, 1979, the funds for which would come from HCD and Redevelopment. The following Resolution includes both these positions. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE MANAGEMENT -SUPERVISION PAY PLAN 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 and seconded by Mayor Greene to adopt the Resolution. Councilman Mackaig requested the Resolution be broken down and the positions voted on separately. Mayor Greene removed his second to the motion. RESOLUTION NO. 3642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE MANAGEMENT -SUPERVISION PAY PLAN FOR THE MANAGER OF REVENUE _ 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 Miller, and passed by unanimous vote to adopt Resolution No. 3642. RESOLUTION NO. 3643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE MANAGEMENT -SUPERVISION PAY PLAN FOR THE HOUSING & REDEVELOPMENT COORDINATOR The Resolution 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 by Councilman Miller, and passed by the following vote to adopt Resolution No. 3643. Councilman Mackaig inquired on what basis the City Manager can justify the in- crease for the Housing & Redevelopment Coordinator and not for the rest of the employees. Mr. Thompson stated Mr. Tincher has been directing and coordinating both the Housing & Neighborhood Rehabilitation Program, as well as the Redevelopment Program. He said most cities of Downey's population who have redevelopment programs have a minimum of 15 to 20 employees, where Downey's staff on a comparative basis numbers three. Mr. Thompson mentioned Mr. Tincher has developed a new program and done so in a highly professional manner, and Mr. Tincher has discussed this program with many people and organizations to gain support for the program. Councilman Mackaig concurred but indicated he would have a problem voting for this when there is an obvious low morale among the City's employees. Council Minutes 2/13/79 -10- During discussion, Mr. Thompson p pointed out the law permits granting increases only on the basis of merit or reclassification, and he feels Mro Tincher fits both those conditions. He said a 15 percent increase is normally provided for promotion. Councilman Swearingen stated he feels Mr. Tincher is entitled to the increase, and he will vote for this provided the employees know the situation involved. AYES; 4 Council Members: Jackman, Miller, Swearingen, Greene NOES: 1 Council Member: Mackaig Mr. Thompson commented on a State law for cities to provide the Department of Industrial Relations with information regarding their self-insurance program on Workers Compensation, RESOLUTION N0. 3644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS IN THE STATE OF CALIFORNIA TO SELF INSURE FOR WORKERS COMPENSATION PURPOSES The Resolution 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 by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3644. ORAL COMMUNICATIONS Councilman Mackaig inquired about the final deadline for receiving applications for Fireworks Stands and conducting the drawing. Mr. Thompson said the applications must be in by March 1st, after which time the drawing will be held, Councilman Mackaig recalled the Council indicated it would review this to see how the applicants did last year. He said in a letter from one of the fireworks companies to an organization there appears to be confusion as to the final dates. Mr. Thompson said he will look into this. Councilman Swearingen inquired about the status of Mr. Dominguez' request for curb and gutter improvements at Bixby and Downey Avenue in the Redevelopment Area. Mr. Henriksen replied he has discussed with Mr. Tincher the possibility of coordinating these improvements with the ones proposed for Downey Avenue, and he has so informed Mr. Dominguez of this. Councilman Swearingen requested a of Paramount Boulevard at Alameda Mr. Thompson will follow up on this. tion be corrected on the west Mayor Greene inquired if the Council would object to his writing a undecided Assemblymen urging a es" vote on SCA-2 (the Robbins Busing each Councilman would subsequently sign. No objections were stated Mr. Chris Golda, owner of Middle Earth Records, spoke regarding the Ordinance banning the sale of paraphernalia to minors. He said he has operated his business since 1972, he runs an honest business, and the sale of paraphernalia is a part of his business, supplemental to the sale of records. He said he does have a responsibility to the young people that he will not try to sell the paraphernalia to anyone under the age of 18, and his sales people are so informed. At 12:04 a.m., Mayor Greene recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 12:18 a.m. with all Council Members present. By unanimous vote of the Council, the City Attorney was directed to draft an ordinance regarding restrictions on paraphernalia. At 12:18 a.m., February 14, 1979, the meeting was adjourned. n_ Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 2/13/79 -11-