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HomeMy WebLinkAboutMinutes-03-13-79-Regular MeetingMINUTES OF THE CITY COUNCIL s OF THE CITY OF DOWNEY MARCH 13, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: - PAGE NO. Appeal, C.U.P. #84, 10032 Paramount Bl. Denied 2 Hearing on Zone Change Case #141, 12830-48 Paramount Bl. Continued to March 20, 1979 2 Minutes: Adj. Reg. Meeting June 30, 19787 Reg. Meeting February 27, 1979 Approved 2 Denial of Legal Claims: Ref. #406, #414, & #415 Approved 2 SS Proj. #334, Stewart & Gray Rd.: Accept improvements (A/C #26-16201) Approved 2 General Warrants: #174381 - 174563 #205533 - 205578 Approved 2 Request for staff report to Council re Fireworks Permit fee & incl. sales 'tax revenue generated by fireworks sales Approved 2 Ordinance amending Sec. 9160.08 (e)(5) re Zoning Introduced 3 Ordinance #584, Amending DMC re Zone Change Case #139 Adopted 3' Ordinance #585, Prohibiting issuance of Bldg. Permits on portions of Tweedy Lane Adopted (emergency) 3 Ordinance amending DMC re Display or Offer for sale of Drug Paraphernalia Introduced 4 Resolution #3649, Establishing polio & apprvg. destruction of certain records within Police Department Adapted 4 Resolution #3650, Apprvg. Final Parcel Map 11822, Apprvg. Agmt. w/subdividers & Accept letter of credit in lieu of Surety Bonds (NW corner Imperial & Bellflower) Adopted 4 Resolution #3651, Revising Management - Supervision Pay Plan (Deputy Director of Public Works) Adopted 4 Resolution #3648, Commending Jerry Crow, Spec. Agent, FBI Adopted 5 CC #441, Wilderness Park Walkways: Award to Dyno Const. of Azusa (A/C #21-17127) Approved 5 SS Proj. #340, Century B1. bet. Rosecrans & Taken under submission ( Lakewood to March 20, 1979 6 Acquis. from City of Paramount of 6" Water Main in Century Bl. from Klondyke to Downey for approx. $6,000 Apprved 6 Reappropriation of Funds for Disaster Assistance - Storm Damage Approved 6 Rio Hondo Golf Course Improvements: Auth. staff to proceed w/agmt. w/Willis R. Hanes to provide architectural services & const. plans & specs for imprvmts. Approved 6 Page 1 of 2 MINUTES OF THE CITY COUNCIL •- OF THE CITY OF DOWNEY MARCH 13, 1979 - The City Council of the City of Downey held a regular meeting at 7:30 p.m., March 13, 1979, in the Council Chamber of the Downey City Hall, Mayor William I.. Greene presiding. PRESENT- Council Memberse Theodore H. Jackman Kenneth J. Miller Mayor Pro Tem p_. Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor 1. ALSO PRESENT- Charles W. Thompson, City Manager John H. Saunders, Assistant City Manager Carl K. Newton, Acting City Attorney Ervin Spindel, Director of Community Development Ronald Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief Don Davis, Fire Chief William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Thomas Tincher, Housing & Redevelopment Coordinator Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Councilman Jackman. The 'Flag Salute was led by Junior Girl Scouts of Downey Troop 1601, HEARINGS Mayor Greene opened the hearing on Appeal to Conditional Use Permit No. 84, 10032 Paramount Boulevard, which was continued from the regular City Council Meeting of February 27, 1979. He asked if Mrs. Soto was present in the audience. Mr. John Torribio, attorney for Mr. and Mrs. Soto, presented petitions signed by property owners in and around the area involved asking that the conditional use permit be allowed. He referred to.the Planning Commission resolution dated January 3, 1979, setting forth the conditions for denial of the conditional use permit. Mr. Torribio spoke regarding the parking and said there are 98 on -site spaces. The owner of a building 178 feet away has offered the use of his 140 spaces; plus, there is additional parking located in other businesses east of Paramount. He feels parking does not present a realistic problem. Mr. Torribio stated he does not feel the business would adversely affect land use and growth because there are many diverse businesses located near the intersection of Florence and Paramount. The property has been idle for some time, and it is incumbent to come up with imaginative planning and suggestions to provide an income -producing business for a community. He outlined the plans of Mr. and Mrs. Soto to spend over $100,000 to refurbish the building both inside and out, as well as improving the corner substantially --the business will conform to the regulations of the Downey Municipal Code$ no alcoholic beverages will be served anywhere on the premises; and security guards will be on site on a nightly basis. Mr. Torribio pointed out the applicants are prepared to provide additional parking to meet the City's Code and enter into additional leases at a substantial amount of money. There is a need to provide a place where teenagers can go, and the disco business will be supervised and provide a snack bar for use of the disco patrons only. Councilman Jackman referred to a statement made by Mrs. Soto to the Planning Commission that she has the full support of the Mormon Church. Mr. Torribio replied it was a statement made by one of Mrs. Soto's neighbors who is in favor of the disco and is a member of the Mormon Church. Responding to further questions, he said Mr. Noxel has offered the use of his parking space at the Rocco's building. There being no one else to speak in favor of the appeal, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by unanimous vote to close the hearing. Council Minutes 3/13/79 Councilman Miller said he is not willing to take any action until staff has furnished the Council with information as to how the fees would relate to the cost. He also asked staff to include the sales tax revenue generated by fireworks sales. ORDINANCES ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNY AMENDING SECTION 9160.08 (e)(5) WHICH SAID SECTION RELATES TO ZONING The Ordinance was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to introduce the Ordinance. Mr. Goggin explained that on zoning matters which come before the Council where conditions can be attached, if the Commission is overruled by the Council, there is nothing in the Ordinance to spell out who and how conditions would be prepared. He said he feels the Planning Commission should recommend the conditions, which provide consistency and relate to other planning cases, and he requested this be included in the Ordinance. Mr. Newton indicated he feels this could be provided for without modifying the Ordinance. Either option of referring a matter back to staff or the Commission for preparation of conditions would be available to the Council with the existing language. Councilman Miller spoke in favor of referring matters back to the Commission for its recommendationo Councilman Jackman stated matters are referred to the Council for final de- cision, and he can see no reason to send them back to the Commission to attach conditions. Mr. Newton advised that the word "may1° in place of "shall" makes the referral permissable but not mandatory, Mr. James Santangelo, 8426 Dacosta, addressed the Council and opposed the Ordinance. He said because the Planning Commission is involved with a multitude of projects and hearings, he feels the Commission has more expertise with regard to planning matters, and after appeal to the Council all matters should go back to the Commission for review and clarification. AYES. 3 Council Members. Jackman, Mackaig, Swearingen NOES: 2 Council Members. Miller, Greene ORDINANCE NO. 584 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. 243, ZONE CHANGE CASE NO. 139) 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 adopt Ordinance No. 584. ORDINANCE NO. 585 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROHIBITING THE ISSUANCE OF BUILDING PERMITS ON CERTAIN. PORTIONS OF TWEEDY LANE (EMERGENCY) The Ordinance was read in its entirety. It was moved by Councilman Swearingen, seconded by Councilman Miller, and passed by unanimous vote to adopt emergency Ordinance No. 585. Council Minutes 3/13/79 -3- RESOLUTION NO. 3648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY COMMENDING JERRY CROW, SPECIAL AGENT, FEDRRAL BUREAU OF INVESTIGATION The Resolution 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 Resolution No, 3648, CASH CONTRACTS It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by uuanimous vote to award Cash Contract #441, Wilderness Park Walkways, in the ( amount of the unit prices bid, to Dyno Construction Inc., of Azusa, the lowest and best bidder (Account #21-17127). S,S. Project #340, Century Boulevard between Rosecrans Avenue and Lakewood Boulevard it was moved by Councilman Jackman and seconded by Councilman Mackaig to make a finding of necessity that both sides of Century Boulevard be constructed simultaneously (Account #26-16210). Councilman Jackman stated he hesitates to do this without going out to bid. Mr. Spindel explained the drive-in theatre needs to get started right away, and unless both sides of the street are done at the same time, there will be approximately a two foot differential in the grade which would be hazardous. The estimated cost is a "ball park figure", and there would be further negotiations on this. Staff would not agree to the City paying over and above normal costs for construction, Mr. Willard Poole, 12550 Brookhurst, Garden Grove, attorney for Pacific Theatres, said although they would have no objection going out to bid, they have been negotiating with a contractor, and the Council can discuss this with the con- tractor if it so desires, Councilman Miller stated while modification of the corner would be in the public interest, it would benefit the City of Paramount, and he questioned who would pay the cost for the curbs by the hamburger stand and used car lot if this matter is negotiated, Mr. Spindel replied curb and gutter can be installed in exchange for right-of- way dedication. One section already has curbs, and the portion to the east would not need curbs at the present time. Mr. Henriksen stated the City has contacted the owner of the hamburger stand by mail expressing an interest in acquiring right-of-way on that property --the owner has not yet responded, The City's real estate officer is collecting data in preparing an appraisal before making further contact with the owner. On the other end, the curb and gutter is also missing, although the City has the necessary right- of-way, and after Council approval of the recommended action, the property owner will be contacted to see if he is willing to participate on a voluntary basis; or, if the Council desires, curb and gutter could be put in with Gas Tax Funds. Mr. Poole indicated Pacific Theatres has agreed to improve Century at the re- quest of Paramount as condition to enlarging use of the property. Councilman Jackman suggested the possibility of Downey vacating Century because the City is being placed in the position of having to do something it normally might not do at this time, Mr. Poole commented it is his understanding Paramount felt the street improve- ments should be done all at the same time and have them done correctly at a savings rather than constructing the Paramount side to meet Downey's since there is a serious drainage problem. Mr. Henriksen discussed the contacts Downey had with Paramount in 1975 in an attempt to have Century improved properly when one of the property owners on the Downey side planned to develop his property. He said Paramount responded that it did not have the necessary funds to improve its half of the street and, therefore, Council Minutes 3/13/79 -5- RESOLUTION NO, 3652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING THE 1978-79 PORTION OF THE MEMORANDUM OF UNDERSTANDING RELATING TO SALARIES FOR THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL AND MEDICAL EMPLOYEES UNION, LOCAL 911 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 unanimous vote to adopt Resolution No, 3652, RESOLUTION NO, 3653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING THE 1978-79 PORTION OF THE MEMORANDUM OF UNDERSTANDING RELATING TO SALARIES FOR THE DOWNEY CITY EMPLOYEES' ASSOCIATION 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 unanimous vote to adopt Resolution No, 3653, RESOLUTION NO, 3654 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING THE 1978-79 PORTION OF THE MEMORANDUM OF UNDERSTANDING RELATING TO SALARIES FOR THE DOWNEY FIREMEN°S ASSOCIATION 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 unanimous vote to adopt Resolution No, 3654, RESOLUTION N0, 3655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IMPLEMENTING THE 1978-79 PORTION OF THE MEMORANDUM OF UNDERSTANDING RELATING TO SALARIES FOR THE DOWNEY POLICE OFFICERS ASSOCIATION 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 unanimous vote to adopt Resolution No, 3655° RESOLUTION NO, 3656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVISING THE MANAGEMENT -SUPERVISION PAY PLAN FOR 1978-79 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 Mayor Greene, and passed by the following vote to adopt Resolution No, 3656, with the revised Exhibit A. AYESa 3 Council Members: Jackman, Miller, Greene NOESs 2 Council Members: Mackaig, Swearingen Mr, Spindel inquired as to percentages applied to the Management -Supervision salary resolution. He specifically directed his question to the Director of Public Works and Community Development amount, The Council indicated it does not desire to make a change at this time and that the matter would be reviewed again at Budget time, Council Minutes 3/13/79 -7- Councilman Jackman said he attended a meeting on the I-10.5 Freeway and dis- covered a committee had been selected, He asked how this occurred, Mayor Greene replied he, too, was surprised at this, and assumed he was selected for the committee because this is his term as Mayor. Discussion followed, Councilman Jackman stated Downey should be involved in the negotiation for the agreement to lift the injunction, Mayor Greene advised the next meeting on the I-105 Freeway will be 10:00 a.m., April 9, 1979, at Bateman Hall, It was moved by Councilman Miller, seconded by Councilman Mackaig, and so ordered to appoint Councilman Jackman as the City's representative to the I-105 Freeway committee, Councilman Mackaig asked if a camera has been purchased as requested to take photographs of properties involved in zoning cases that come before the Council. Mr, Thompson replied not as of this time, Mayor Greene inquired about the status of the Theatre Operation Agreement. Mr. Thompson responded it is in the process of being drafted along with the bi-laws for incorporation, Mr. Thompson then informed the Council letters have been sent to the three pro ertp owners on the Cordono property explaining the City's offer for acquisi- tion in accordance with the appraised values. The process of eminent domain was also explained to the property owners, Mr. Thompson stated he has given approval to the Police Chief to order light bars for the police vehicles to hold the emergency flashing lights in place. Since a price increase is expected in May, the bars can be ordered now, billed for in July, and the money will not have to be budgeted until the next fiscal year. Chief Martin explained the current bars are obsolete and replacement parts are expensive, Mr, Shand raised a question concerning the five percent wage increase given to himself and the City Manager and the six percent given to other management personnel, Councilman Jackman indicated it was his thinking this year to give dollar increases rather than percentage increases. The decision for the increases was not based on performance, At 11:47 p.m., Mayor Greene recessed the meeting to executive session to discuss personnel matters, The meeting resumed at 12.00 midnight with all Council Members present, Mayor Greene advised that in the executive session it was decided the Citv Manager and City Clerk should receive a six percent increase instead of five percent. He noted there was never a doubt in the Council's mind that this was to be a criticism of the jobs either the City Clerk or City Manager are doing for the City, Councilman Miller stated for the record it also was not a criticism of Mr. Spindel; but in that case, in a comparable city where the work was almost identi- cal, the pay was less than he was presently receiving. It was moved by Councilman Jackman, seconded by Mayor Greene, and passed by the following vote to change the rate to be paid to the City Manager and City Clerk from five percent to six percent. AYES. 4 Council Members: Jackman, Miller, Swearingen, Greene NOES: 1 Council Member: Mackaig At 12:04 a.m., March 14, 1979, the meeting was adjourned to 4:30 p.m., March 20, 1979, in the Council/ Chamber of the Downey City Hall. Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor Council Minutes 3/13/79 -8-