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HomeMy WebLinkAboutMinutes-04-10-79-Regular Meetingt.TN'?TE OF TFE CITY COUNCIL ? OF THE CITY OF DOWNEY APRIL 10, 1979 T A B L E O F M I NU T E A C T I O N.S - SUBJECT: ACTION: PAGE NO. Sanitation District's presentation re need for supplemental revenue for operation 1 Zone Change Case #140, SW corner Downey Ave. & Alameda St. - Applicant req. for R-2 with q; transitional overlay Zone Change Case #142, Lakewood Bl. & Gallatin Rd Removal of Items from Consent Calendar Minutes: March 27, 1979 CC #438, Gutter Const. on Songfest Dr. - Metro to -Telegraph; Garnish Dr. - Appleby to Vista Del Rio; & Sixth St. - Brookshire to Dolan: Acceptance of improvements, extra work (A/C #21-13952) General Warrants: #174868 - 175125 #205628 - 205675 Hearing on Appeal, Zone Change Case #143, 10535 Paramount B1. Referred to Planning Comm. for report & recommendation Hearing closed Ordinance introduced Approved Approved Approved Set for May 8, 1979 Correspondence from Central Basin Water Dist. re const. of peripheral canal unit of State wtr prof. Referred to Water Board Resolution committing to Implementation & Enforce- ment of Elements of So. Coast Areawide Waste Treatment Management Plan Not adopted Agreement for Downey Theatre Foundation to Lease Downey Community Theatre, as amended Approved Ordinance amending Zoning Map adopted by Sec. 9106 DMC (Zone Change. Case #142) Introduced 1978-79 Rental Agreement w/Downey Children's Theatre, Inc., for use of Downey Theatre Approved Request of Friends of Downey City Library to install plaque in conjunction w/inst. of automatic sliding doors at Library Approved Ordinance amending DMC re Map Checking Fees Introduced Ordinance amending DMC re Fireworks Permits Introduced Resolution #3658, Proposing to annex into Ltg. Maint. Dist. AD 121 & Ordering City Engineer to prepare & file report (Annex. 79/2 - 79/21) Adopted 6 Resolution #3659, Apprvg. Engineer's Report (Annex. 79/2 - 79/21) Adopted 6 Resolution #3660, Decl. Intention to Annex certain areas to Ltg. Maint. Dist. AD 121 (Annex. 79/2 - 79/21) Adopted 6 Resolution #3661, Granting Zone Variance #54 Adopted 6 "ISubmit Application for 3rd Year Funding under ISB 174 for const. of two outdoor night -lighted basketball courts at Furman Park Approved 7 Page 1 of 2 ::..COUNCIL MINUTES, ?fPRTL.10, ISO'.a -... TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: ACTION: PAGE NO. Mr. Spindel's status report on DART Program &_ ordinances re mandatory separation 7 Discussion re I-105 Freeway and joining with Cn. Jackman, City Manager & other corridor cities in law suit City Attorney to follow up 7 Proposition 13 - Long Range Solution (by Leo T. City Manager to prepare report McCarthy) for possible alternate solution 7 City Manager to review letter concerning Golf Course operation 7 Signe Van Hoeven - Request for security patrol at Apollo Park Neighborhood Center 7 Meeting adjourned to 4:30 p.m., April 23, 1979 7 Page 2 of 2 SI r MIYiTES 017 THE CITY COUNCIL OF THE CITY OF DOWNEY APRIL 10, 1979 _ The City Council of the City of Downey held a regular meeting at 7.30 p.m„ April 10, 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 Ervin Spindel, Director of Community Development Ronald Leege, Director of Finance John T. Neavill, Director of Parks & Recreation William F. Martin, Police Chief William A. Goggin, City Planner Howard Stup, Building Official Lyle Wilkinson, Battalion Chief James Jarrett, Recreation Supervisor Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Flag Salute was led by Councilman Miller, The invocation was delivered by Councilman Jackman. Mr, Spindel introduced Mr, Ray Smith, the new Deputy Director of Public Works, Mr, Walt Garrison, Chief Engineer and General Manager of the Sanitation District, discussed problems the District faces with regard to development of a revenue program. He explained there are two functions of the Sanitation District in the County- One is to transfer and dispose of solid waste, and the other is to dispose of municipal liquid waste., He commented on the treatment plants and pump- ing stations, noting the District has pioneered the reuse of water in California, Mr, Garrison said there is a problem facing the area in which Downey is located because there is only one landfill located in the Palos Verdes Peninsula, He then narrated a slide presentation and emphasized the need for supplemental revenue for the District's operation, HEARINGS Mayor Greene opened the hearing on Zone change "Cage 'No, 140, Southwest corner of Downey Avenue and Alameda Street, He inquired if the City Clerk had the Affi- davit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jackman and seconded by Councilman Swearingen to receive and file the Affidavit, Mr, Goggin reviewed the request to change the zone from C-4 to R-2 with a Planned Unit Development (PUD) overlay, This, he said, would allow the applicant to build either a condominium, triplexes, or four -unit apartments, Mayor Greene asked 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 of the zone change, Mr, Frank Evola, 7857 Florence Avenue, representing the property owner, dis- cussed considerations given to various developments of the property and the decision to change the original request for a R-2 with a PUD overlay to R-2 with a transitional overlay. This, he said, would also necessitate splitting the property into four parcels, on which triplexes would be built, with one being intended as an owner -occupied unit, Council Minutes 4/10/79 -1- Mr, Sorensen advised the Council may approve a change in the original request so long as it is a lesser change than what was advartised. The revised request would involve a more restrictive zone, which the Council could approve, Mr. Goggin explained the original request -for x 2 with a PUD would allow 16 emits, whereas the amended request for R 2 with -'a transitional overlay would allow only 13 units, There being no one else to speak in favor and no one to speak in opposition, it was moved by Councilman Miller, seconded by Councilman Jackman, and so ordered to close the hearing, Mr. Sorensen pointed out that if the Council wishes to approve the zone change as amended, this would still have to be referred back to the Commission for report' because the recently adopted ordinance which does not require matters to go back to the Commission is not yet in effect, It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to refer Zone Change Case No. 140 back to the Planning Commission for report and recommendation on a zone change from C-4 to R-2 with a transitional overlay. Mayor Greene opened the hearing on Zone Change Case No, 142, Lakewood Boule- vard and Gallatin Road, He inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative, Councilman Swearingen announced he will abstain from voting on this because he has a conflict of interest, Mro Goggin reported on the request to change the zoning on property located on the west side of Lakewood Boulevard extending southerly of Gallatin Road approximately 965 feet from R1®7500, C-4 and R 3 to C-P and C®2, on the east side of Lakewood Boulevard extending southerly of Gallatin Road approximately 540 feet from C-4 and P to C-2; on the west side of Lakewood Boulevard extending northerly of Gallatin Road approximately 900 feet from Cm4 and Rl-7500 to C-2 and R 3; and on the east side of Lakewood Boulevard extending northerly of Gallatin Road approximately 560 feet from C-4 and P to C®2, Mayor Greene inquired if the City Clerk had received any correspondence on this matter, The City Clerk replied a letter was received.from Harlan and Pearl Buettner requesting retention of the 90 foot setback for the Cal Worthington lot, Mr. Goggin stated the 90 foot setback is included as part of the proposal Mayor Greene inquired if there'was anyone present to speak in favor of the zone change, Mr, Fred Brinkman, 9161 Arrington Avenue, said he is no longer opposed to the zone change because it will provide for a PB buffer zone, He pointed out, however, the notice to the property owners did not indicate the PB zone would be included. There being no one else to speak in favor, Mayor Greene then inquired if there was anyone present to speak in opposition, Ms, Vartanian,.8603 Lubec, requested furtherexplanation of the proposed C-P zone for the southern portion of property on the west side of Lakewood south of Gallatin. She commented on information received concerning the possibility of building a health spa on the property, Mrs, Margaret Fillet, 9904 Birchdale Avenue, also requested clarification of the proposed zoning and questioned the protection residents would have against the encroachment of commercial, Mr. Jack Mills, 9032 Suva Street, asked for clarification of the proposed C-4 zone on the east side -of Lakewood south of Gallatin. There being no one else to speak, it was moved by Councilman Mackaig, seconded by Councilman Jackman, and passed by the following vote to close the hearing. AYES- 4 Council Members.- Jackman, Miller, Mackaig, Greene ABSTAIN.- 1 Council Member- Swearingen Councilman Miller indicated he wants reassurance the PB zone is included in the legal description contained in the Ordinance, Council Minutes 4/10/79 -2- 63 J7 Pending Mr. Goggin°s review of the legal description.,, introduction of the Ordinance was held to later in the meeting, (See Page 4,) REMOVAL OF ITEMS FROM CONSENT CALENDAR Agenda Items VIII®Brlp Correspondence frota Central Basin Municipal Water District, and Vill-F-1, Resolution regarding South Coast Areawide Waste Treatment Management Plan, were removed from the Concent Calendar, CONSENT CALENDAR It was moved by Councilman Mackaig, seconded by Councilman Miller, and passed -- by the following vote to approve the Remainder of the Consent Calendar, Minutes, Regular Meeting of March 27, 1979, Cash Contract #438, Gutter Construction on Songfest Drive Metro Street to Telegraph Road, Garnish Drive m Appleby Street to Vista Del Rio Drive; and Sixth Street ® Brookshire Avenue to Dolan Avenue- Accept improvements, approve extra work in the amount of $600, and accept responsibility for maintenance thereof (Account #21-13952). General Warrants. #174868 - 175125; #205628 m'205675s $562,115 25, Hearing on Appeal to Zone Change Case No, 143, 10535 Paramount Boulevard. Set for May 8, 1979, AYES.- 5 Council Members. Jackman, Miller, Mackaig, Swearingen, Greene Correspondence from Central Basin Water District regarding Construction of Peripheral Canal Unit of the State of California water Project Mr, Thompson commented that in the early 1980°s, the amount of water Southern California can take from the Colorado River will be reduced by approximtely 50 percent, and it was anticipated this could be made up by water received from the Feather River project, However, that water is being delayed by controversy over construction of the peripheral canal, and the only way the canal can be built is for the Legislature to pass an act authorizing its construction with State and local money, The Council concurred with Councilman Jackman°s recommendation to refer this matter to the Water Board for its recommendation, Resolution Committing to the Implementation and Enforcement of those Element< of the South Coast Areawide Waste Treatment-ManagementPlan Councilman Jackman indicated Downey should make the decision on how to sweep its streets, and he voiced concern in giving SCAG the authority to enforce the 208 Management Plan, Mr, Spindel said staff agrees and has modified the original resolution presented by SLAG because it was not apropos, Mr. Thompson explained the issue is that SLAG has been assigned the responsi- bility for developing a regional program to prevent pollution in any form which will bring harmony to the programs of the County, and the cities within it. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to not adopt the Resolution, MISCELLANEOUS COUNCIL ACTIONS Agreement for Downey Theatre Foundation to Lease the Downey Community Theatre Mr, Sorensen stated he has reviewed the Lease and made some suggested changes, However, he has not reviewed the Articles of Incorporation and By -Laws as to their compliance with the statutory requirements of a nonprofit corporation, Councilman Miller asked that the By -Laws contain the requirement, wherein any amendment must be approved by the Council, Mr, Neavill indicated a statement can be included on Page of the By -Laws. Council Minutes 4/10/79 -3- Councilman Miller referred' -to Pages i and 2 of the By -Laws, Section II Voting, and Section IV -,Quorum, He did not concur with board members being allowed to vote in proxy, He then inquired about "stated salary" contained in Section IV - Compensation, Mr, Hal Bales, representing the Civic Ballet -of Southern_ California and Associated Variety Artists, said"stated salary" is not needed in tile agreement, He pointed out it is unlikely Phyllis Cyr, who.was appoi---fed to the Foundation. Board of Directors to represent the Civic Ballet, will be able to attend most board meetings due to her business obligations, and it has been suggested someone could attend in her stead. He said he would be willing to get someone else within the organization to take her place, Following discussion, all references to "proxy" were deleted from the By -Laws. Mr, Dale Hardiman, 10348 Paramount Boulevard, commented on a problem obtaining, - the required insurance because the Lease says it cannot be effective without the binder, and the insurance company says it will not provide a binder without a lease, Mr. Sorensen said a statement can be inserted in the Lease saying "Lessee shall file with the City prior to June 15, 1979, two copies of the certificate," Mr. Neavill outlined the following changes to be made in the Lease and By -Laws. Page 12 of the Lease, Item E - Control of Premises- Move the sentence refer- ring to the City retaining use of the following areas for storage and/or workshop purposes, etc., and insert on Page 7 as Item 4 under B m City Use of Theatre. Page 3 of the By -Laws, fourth line from the bottom, "nine (9) members" will be changed to "seven (7) members;" Page 3 of the Lease, paragraph 7, seventh line, the words "not exclusive of" will be changed to "not limited to," Page 6 of the Lease, Paragraph 20, fourth line, "in the event of injury to a patron or customer" will be changed to "in the event of injury to any person," Councilman Miller referred to Pages 9 and 10 of the Lease, Section V m Defau: and Cancellation, and suggested there be consistency in the way the notices of default are to be given, whether by the City or the Lessee, Melva Nielsen, 9288 Lubec Street, raised questions regarding the proposed Lease, By -Laws, and Articles of Incorporation, Mr, Sorensen referred to the By -Laws and stated concern that a member of the City Council shall serve on the Board of Directors as a non -voting ex-officio mem- ber. Because of the provisions of Sections 1090 and 1091 of the Government Code, that Council Member would have to disqualify himself from voting on any matter pertaining to the Lease or operation which would come before the City Council. He did say, however, the Council Member could serve as a liaison, and this could be stated in the Lease instead of the By -Laws. On Page 3 of the By -Laws, Section I - Number and Term, the first sentence will be amended to read, "The number of Directors shall be at least three (3),11 The third sentence will be amended to read, "The number of Directors shall be ex- panded as herein provided,,,," It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to approve the Lease Agreement with the Downey Theatre Foundation, as amended, Zone Change Case No, 142, Lakewood Boulevard and Gallatin Road Mr. Goggin explained the third paragraph under Section 2 of the Ordinance describes the PB zone, ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE ZONING MAP ADOPTED BY SECTION 9106 OF THE DOWNEY MUNICIPAL CODE (PLANNING RESOLUTION N0, 249, ZONE CHANGE CASE #142) Council Minutes 4/10/79 -4- The Ordinance was read by title only. It wss mc,*ed by councilman Mackaig and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following vote to introduce the Ordinance. AYES- 3 Council Members: Jackman, Miller, Mackaig NOES- 1 Council. Member? Greene - ABSTAIN- 1 Council Member. Swearingen Mayor Greene declared a'recess from 1007 p.m, to 10.12 p.m. The meeting re- sumed with all Council Members present, 1978-79 Rental Agreement with Downey Children°s Theatre, Inc., for use of the Downey Theatre Margene Glenn, President of the Downey Children°s Theatre, expressed her appreciation to the Council and City staff for their time and efforts in finalizing the agreement, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to accept the recommendation of staff and the Recreation and Community Services Commission to approve the revised agreement for rental of the Downey Theatre to the Downey Children°s Theatre, Inc. (Civic Light Opera), for its 1978-79 season, Mr. Neavill responded to questions regarding the Theatre rental rates. AYES. 5 Council Members- Jackman, Miller, Mackaig, Swearingen, Greene Downey City Library to install a plaque in eonjunc- automatic sliding doors at the Library Councilman Jackman wants to be sure the contract for installation is properly taken care of, including the insurance, Mr. Thompson indicated staff will be working on this to see that all matters are covered, Mrs, Gloria Heer, representing Friends of the Downey Library, commented on their contribution of installing automatic sliding doors at the Library, as well as other contributions they have made in the past. She cited the need for the doors which will assist the handicapped, mothers with young children, and people of all ages whose arms are laden with books. The plaque°s installation will also be paid for by the Friends of the Downey Library, It was moved by Councilman Mackaig, seconded by Councilman Swearingen, and passed by unanimous vote to approve the request of the Friends of the Downey City Library, ORDINANCES ORDINANCE N0, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 9226, 9226,1, AND 9226,2 OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTIONS RELATE TO MAP CHECKING FEES The Ordinance was read by title only, Mr. Spindel explained approval of the ordinance would allow the City to speed up the map checking process and save developers some money, Councilmen Swearingen and Miller requested that in the future further informa- tion be brought back, including a comparison. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to introduce the Ordinance, Council Minutes 4/10/79 63-" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY . AMENDING SECTION 3337(a)(2)' OF THE DOWNEY MUNICIPAL CODE, WHICH SAID SECTION RELATES TO FIREWORKS PERMITS 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 the Ordinance, RESOLUTION NO, 3658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROPOSING TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (ANNEXATIONS 79/2 THROUGH 79/21) 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, 3658, Mr, Spindel explained the lights have been installed either as requirements - of various Planning cases or through Section 8100 and are the new high pressure sodium lights which use less energy. He cited the annual operating costs for Zones I -A, I-B, and III, RESOLUTION NO, 3659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE CITY ENGINEER°S REPORT FOR ADDITIONS TO LIGHTING MAINTENANCE DISTRICT AD 121 OF ANNEXATIONS 79/2 THROUGH 79/21 The Resolution was read by title only, It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading, it was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Resolution No, 3659, RESOLUTION NO, 3660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS: INTENTION TO ANNEX CERTAIN AREAS INTO THE LIGHTING MAINTENANCE DISTRICT AD 121 AND TO MAINTAIN AND FURNISH ELECTRICAL CURRENT TO STREET LIGHTING FIXTURES ON THE STREETS AND PUBLIC PLACES UNTIL JANUARY 31, 1983 (ANNEXATIONS 79/2 THROUGH 79/21) 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, 3660, RESOLUTION NO, 3661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY '.. GRANTING ZONE VARIANCE NO, 54 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, 3661, AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller Council Minutes 4/10/79 -6- A 63-4:. MISCELLANEOUS -COUNCIL -ACTION It was moved by Councilman Jackman, seconded by Councilman Swearingen, and passed by unanimous vote to accept the recommendation of staff and the Recreation and Community Services Commission to submit an Application for Third Year Funding under Ss 174 for the construction of two outdoor, night -lighted basketball courts at Furman Park, STAFF REPORTS Responding to previous discussion concerning the DART Program and whether the City should adopt an ordinance requiring mandatory separation, Mr. Spindel cited - the amount of recyclable refuse picked up each week during December, January, and February. He said the rubbish contractor feels it would take sire tons a week for him to break even. Staff has received information that no City in California has such an ordinance requiring mandatory separation, but there are some cities back east who do have such an ordinance, and he will report back on this, ORAL COMMUNICATIONS Councilman Jackman said he has previously inquired about the possibility of entering into a law suit with the I-105 Freeway corridor cities against the Center for Law and Public interest. He feels the Judge should now make the decision as to whether the Environmental Impact Study (EIS) is proper and lift the injunction so that construction of the Freeway can proceed. He would still like to discuss the possibility of a law suit with the corridor cities, Mr. Sorensen explained he has discussed this issue with one of the attorneys at Caltrans and was informed the Center for Law and Public Interest, which is a group of attorneys representing the plaintiffs, suggested negotiating a settlement after the EIS was prepared and approved. Subsequently, the Director of Caltrans instructed their attorneys to negotiate with the Center and also instructed them to make any motion to lift the injunction. However, he said, it is his under- standing that if a motion is made to lift the injunction, a law suit will be filed attacking sufficiency of the EMS, which could mean another few years of litigation. Following discussion, Mayor Greene suggested Councilman Jackman, the City Manager, and the City Attorney pursue this matter, Councilman Miller commented on receipt of a Long Range Solution to Proposition 13 (Leo To McCarthy) as a bipartisan attempt to resolve local cities' fiscal problems, which would take away the one cent Sales Tax, Mr, Thompson indicated he is preparing a report to the Council with some suggestions for review as an alternate solution. If this is passed in its present form, Downey would not be able to operate as a City because it would remove approxi- mately $4 million from the General Fund, Discussion followed. Councilman Mackaig acknowledged receipt of a letter from Yolanda Medina regarding the Rio Hondo Golf Course operation, He suggested the City Manager look into this, Councilman Swearingen congratulated Mayor Greene on serving his one year as Mayor, Mrs, Signe Van Hoeven, 8533 East Donovan Street, expressed her gratitude to the City Council and staff for assisting in the successful grand opening of the Senior Citizen Drop -in Center at Apollo Park, She then requested late afternoon and evening security patrol at the facility because of the problems with the youth and vandalism. The Senior Citizen Facility does not as yet have a telephone, and she will discuss this with Mr, Neavill, There being no further business to come before the City Council, the meeting was adjourned at 11e07 p.m. to 4230 p.m„ April 23, 1979, in the Council Chamber of the Downey City Hall, zwz�_)/ Robert Shand, City C1�r a s ur er Alx--e� zlkac� William L. Greene, Mayor Council Minutes 4/10/79 -7-