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HomeMy WebLinkAboutMinutes-07-24-79-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 24, 1979 T A B L E O F M I N U T E A C T I O N S SUBJECT: ACTION: Joint Public Hearing of Council & Community Dev. Comm. on proposed Downey Redevelopment Plan Amendment Closed Resolution #3704, Reaffirming & Ratifying Amendment to General Plan Adopted Ordinance Apprvg. & Adopting Redevelopment Plan Amendment for Downey Redevelopment Proj. Area as official Redevelopment Plan for such Project Area Introduced Appeal, Zone Variance #71, 7320 Firestone B1. Denied Weed Abatement Assessments: Affirm on property cleaned during previous fiscal yr. Approved Resolution #3705, Ordering Vacation of portion of Chaney Ave. S/o Cecilia St.(#132) Adopted as amended Presentation by representative of L.A. County Flood Control Dist. concerning proposed benefit assessment Minutes: Regular Meeting, July 10, 1979; Adj. Reg. Meeting July 16, 1979 Approved Correspondence from L.A. County Board of Supervisors reaffirming support for const. of I-105 Freeway Filed Correspondence from City of Signal Hill urging U.S. Gov't. to control illegal immi- gration into United States Filed Denial of Legal Claims: Ref. #426, 428, 429 General Warrants: #176904 - 177098 #205952 - 205973 Discussion re rent control Ordinance #602, Amending DMC by adding Sec. 6619 re Auction Sales Approved Approved City Manager to bring back recommendations next meeting Adopted Resolution #3706, Aprvg. Increase of Monthly Fee for Permit Parking in City -Owned Lots Adopted Resolution #3707, Designating certain City Owned Parks as "Community Parks" Adopted Resolution #3708, Apprvg. Final Parcel Map #12060, Apprvg. Agmt. w/Subdividers & Acceptance of Time Certificates in lieu of - Surety Bonds (7547 Quill Dr.) Adopted Parcel Map #12060, 7547 Quill Dr.: Park fees Approved Resolution #3709, Apprvg. Final_Parcel Map #10943 (E/s Lakewood N/o Florence) Resolution #3710, Establishing Water Service Connection Charges Consultant Services Agmt. w/Berryman & Stephenson f/services @ Wilderness & Independence Parks Adopted Adopted Taken under submission to next meeting PAGE NO. 1 1 2 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 5 6 Page 1 of 2 COUNCIL MINUTES, JULY 24, 1979 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: Architectural Agmt. w/Willis R. Hanes, Assoc., for design & construction plans @ Rio Hondo Country Club Agreement w/SE Council on Alcoholism & Drug Problems, Inc., for operation of a Public Inebriate Diversion Program City Attorney retainer fee for 1979-80 Final report on Banking Services City Attorney cited Assembly Bill re overly restrictive Zoning ordinances Discussion re illegal fireworks Cn. Jackman requested report re removal of parking signs on Alameda St. Discussion re parking of excessive number of vehicles ACTION: PAGE NO. Approved 6 Approved 6 Taken under submission; City Manager to provide further info. To be submitted at later meeting 7 7 7 7 E% Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY JULY 24, 1979 The City Council of the City of Downey held a regular meeting at 7230 p.m., July 24, 1979, in the Council Chamber of the Downey City Hall, Mayor Kenneth J. Miller presiding. PRESENT.- Council Membersa Milton R. Mackaig TheodoreH. Jackman Mayor Pro Tem Lyell W. Swearingen William L. Greene Kenneth J. Miller Mayor ALSO PRESENT2 Charles W. Thompson, City Manager Royal M. Sorensen, City Attorney Ervin Spindel, Director of Community Development Ronald W. Leege, Director of Finance William F. Martin, Police Chief William A. Goggin, City Planner Howard Stup, Building Official James R. Jarrett, Recreation Supervisor Harald J. Henriksen, City Engineer John H. Saunders, Personnel Officer Thomas Tincher, Housing & Redevelopment Coordinator Jeanne Cook, Deputy City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Reverend Mike Winstead, Downey United Methodist Church. The Flag Salute was led by Councilman Mackaig. HEARINGS Mayor Miller opened the joint public hearing of the Council and Community Development Commission on Proposed Downey Redevelopment Plan Amendment. He in- quired if the Deputy City Clerk had the Proof of Publication, and the response was affirmative. ,It was moved by Councilman Jackman and seconded by Councilman Swearingen to receive and file the Proof of Publication, Mr. Tincher explained the Commission has taken action to transmit its report on the proposed Amendment to the City Council for consideration. Included is the report from the Planning Commission concerning the General Plan Amendment. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to receive and file the report of the Commission. Mayor Miller inquired if the Deputy City Clerk had received any correspon- dence on this matter, and the response was none had been received. There being no one present to speak to the Proposed Downey Redevelopment Plan Amendment, it was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to close the hearing, RESOLUTION NO. 3704 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REAFFIRMING AND RATIFYING AN AMENDMENT TO THE GENERAL PLAN 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. 3704 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF DOWNEY APPROVING AND ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE DOWNEY REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA Council Minutes 7/24/79 -lm 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. Mayor Miller opened the hearing on Appeal to Zone Variance #71, 7320 Firestone Boulevard, He inquired if the Deputy City Clerk had the Proof of Publication, and the response was affirmative. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive and file the Proof of Publication. Mayor Miller asked if the Deputy City Clerk had received any correspondence on this matter, and the response was none had been received, Mayor Miller then inquired if there was anyone present who wished to speak in favor of the appeal, Mr. Ron McKenzie, 9650 LaReina, with Heath & Company, representing the de- velopers of the property, explained the variance would allow for four free standing signs at the location, and that the Planning Commission approved the four signs at an acceptable height, but with area limitations which were not acceptable. He voiced his opposition to the limitation of a 40 square foot sign which he noted would not be visible to passing motorists on such a heavily travelled street. Mr. McKenzie commented on the larger signs requested by Winchell's Donuts and Naugles Restaurant, who plan to locate businesses on the property. Winchell's is request- ing an additional nine square feet and Naugles is requesting an additional eight square feet. Mr. Goggin reported on the applicant's request and explained the Code pro- visions for pole signs, pointing out that pole signs are not permitted on property with more than one business. Also, he said, a request was made for signs on the side of the buildings, which are not permitted, Mr. Goggin then commented on further requests of the applicant and pointed out he feels the developers can use a momument sign very attractively. Discussion followed. Councilman Jackman questioned how a developer is told before a project is - started that he cannot have the signs. Mr. Goggin replied staff discusses these matters with the developers. He also pointed out there has been a problem regarding the Jim's Restaurant sign, which will remain on the premises. Councilman Mackaig suggested in the future that staff indicate to a developer in writing the requirements to be met, and then have the developer initial it. Mr. Thompson pointed out that hundreds of people come into City Hall every day asking questions about doing projects, and when a project does reach a certain stage, people are given copies of the City's Ordinance. Mr. Paul Kannack of Stevens & Kannack, Contractors & Developers, said he discussed this with staff and was under the impression there would be no problem with the signs. He commented on Jim's restaurant sign and explained Winchell's has informed him if they cannot use their standard sign they will not put a busi- ness at this location --he has received the same information from other donut businesses as well. Mr. Goggin asked if staff can come up with a le sign representing g project, a monument sign for the two businesses, and work outanarrangement with YP Jim's Restaurant, would this be acceptable or within reason? A representative of Winchell's would make no response, and a representative of Naugles still requests a pole sign of approximately 50 square feet. There being no one else to speak in favor, Mayor Miller then asked if there was anyone present who wished to speak in opposition, Mr. Bahme, 7502 Phlox Street, said the signs can be easily read from the angle of the street and do not need to be any larger than approved by the Planning Commission. Council Minutes 7/24/79 -2- le r� �ex6; There being no one else to speak in opposition, it was moved by Councilman Jackman, seconded by Councilman Mackaig, and so ordered to close the hearing. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to deny the Appeal to Zone Variance #71 and follow the Planning Commission's recommendations. Mayor Miller opened the hearing on Weed Abatement Assessment - Lot Cleaning Program. He inquired if the Deputy City Clerk had the Proof of Publication, and the response was affirmative. It was moved by Councilman Mackaig and seconded by Councilman Jackman to receive and file the Proof of Publication. Mayor Miller inquired if the Deputy City Clerk had received any written protests, and the response was none had been received. There being no one present to speak in protest, it was moved by Councilman Greene and seconded by Councilman Swearingen to close the hearing. It was moved by Councilman Swearingen, seconded by Councilman Jackman, and passed by unanimous vote to affirm the Weed Abatement Assessments on property which has been cleaned during the previous fiscal year, Mayor Miller opened the hearing on Vacation #132, Chaney Avenue south of Cecilia Street. He inquired if the Deputy City Clerk had the Affidavit of Posting of Notice, and the response was affirmative. It was moved by Councilman Greene, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit, Mr. Spindel reported it is proposed to vacate this portion of the street to revert back to Stonewood Shopping Center, and the Resolution Ordering the Vaca- tion indicates that no vehicular access rights on Cecilia Street will be allowed, although pedestrian access will still be continued through the opening in the wall opposite Chaney Avenue. Mayor Miller inquired if the Deputy City Clerk had received any written correspondence, and the response was none had been received. There being no one present to speak in opposition or in favor of the pro- posed Vacation, it was moved by Councilman Jackman and seconded by Councilman Greene to close the hearing. Mr. Sorensen said Section 2 of the Resolution should be changed to read - "There shall be excepted from this order of vacation vehicular access rights onto Cecilia Street, which such vehicular access rights shall remain in the City," RESOLUTION NO. 3705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING THE VACATION OF THE PORTION OF CHANEY AVENUE SOUTH OF CECILIA STREET The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by unanimous vote to adopt Resolution No. 3705, as amended. Mr. Harry Stone, representing the Los Angeles County Flood Control District, narrated a slide presentation and outlined the impact of revenue cuts on the District as a result of Proposition 13. He said recent legislation has been passed enabling the County Board of Supervisors to establish a benefit assessment for flood control in Los Angeles County, and the Board of Supervisors will be conducting a hearing on August 9th. He then explained the benefit assessment cost per basic residential unit would be $5.25 per year, and before it can be assessed in future years it will require ratification by the electorate. He encouraged the City's input at the August 9th hearing. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to approve the Consent Calendars Council Minutes 7/24/79 -3- Minutes. Regular Meeting, July 10, 1979; Adjourned Regular Meeting, July 16, 1979. Correspondence from Los Angeles County Board of Supervisors reaffirming Support for Construction of the I-105 Freeway. Correspondence from City of Signal Hill urging the U.S. Government to control illegal Immigration into the United States. Denial of Legal Claims. Ref. #426, Margaret & Bob Mundt; Ref. #428, Government Employees Insurance Co., and Ref. #429, Tomas E. Betancourt. General Warrants: #176904 - 177098; #205952 - 205973: $472,144.86. ORAL COMMUNICATIONS Diane Messmer, 8102 Orange Street, #26, addressed the Council regarding rent control. She said the people attending this meeting with her filled out the City's questionnaires, and she then asked what would constitute a showing of the people to initiate action on this matter. Mayor Miller replied it is his feeling that when enough questionnaires are accumulated, they will be reviewed to see if there is any tenant abuse. It is also his feeling if there are tenant abuses, that they be handled on a one-to-one basis so imposing rent control can be averted. He briefly commented on the pro- cedure of obtaining signatures to have an issue placed on the ballot. Mr. Thompson rendered a status report on the number of completed questionnaires and calls received by the City. Mrs. Rene Miller, 7703 Nada Street, indicated she is a landlord and has not raised the rent because of the benefit she received from Proposition 13. It was noted the procedure for preparing an initiative to be placed on the ballot is technical, and the drafting of such an initiative would require the services of an attorney. Mr. Ernie Briggs, 7837 Bairnsdale, said if rent control is passed, the land- lords will not invest money to make the apartments better. He suggested this matter be discussed with the apartment owner whose tenants are at this meeting. Mr. William Carmichael, 8110 Orange Street, #2, raised a question concerning an earlier remark. Sharon Hawkins, 8101 Leeds Street, cited the lack of improvements made to her home by the landlord. She favored a board being appointed to discuss rental problems with the people. Mayor Miller asked if the Council would concur with the formation of a voluneer citizens rent review board, and the response was yes. Mr. Steven Roop, 10003 Tristan Drive, favored establishing a review board, and when asked if he would be willing to serve on the board his reply was yes. Bambi Ashley cited an unsafe brick wall on the property at 8102 Orange Street, as well as sand on the ground which collects fleas. Mayor Miller asked the City Manager to bring back some recommendations con- cerning rent control at the next Council Meeting. ORDINANCES Mr. Sorensen explained the following clerical changes should be made in the Ordinance pertaining to Auction Sales: In the title and throughout the Ordinance, "Section 6618" should be "Section 6619;" the words "Section II" and "Section III" should be deleted; "Section IV" should be "Section 2." ORDINANCE NO. 602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY A14ENDING THE DOWNEY MUNICIPAL CODE BY ADDING SECTION 6619 WHICH SAID SECTION RELATES TO AUCTION SALES Council Minutes 7/24/79 -4- 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. 602. RESOLUTIONS RESOLUTION NO. 3706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING AN INCREASE OF THE MONTHLY FEE CHARGED FOR PERMIT PARKING IN CITY -OWNED PUBLIC PARKING LOTS 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 Jackman, and passed by the following vote to adopt Resolution No. 3706. AYES: 4 Council Members: Mackaig, Jackman, Swearingen, Miller NOES: 1 Council Member: Greene RESOLUTION NO. 3707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING CERTAIN CITY OWNED FACILITIES AS "COMMUNITY PARKS" 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 Greene, and passed by unanimous vote to adopt Resolution No. 3707 RESOLUTION NO. 3708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO. 12060, APPROVING AN AGREEMENT WITH THE SUBDIVIDERS AND ACCEPTANCE OF TIME CERTIFICATES OF DEPOSITS IN LIEU OF SURETY BONDS (7547 QUILL DRIVE) The Resolution was read by title only. Councilman Mackaig left the meeting at 9:34 p.m. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by the following vote to adopt Resolution No. 3708. AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller ABSENT: 1 Council Member: Mackaig It was moved by Councilman Greene, seconded by Councilman Jackman, and passed by the following vote to approve park fees at $1.46 per square foot, or $7,023 total, on Parcel Map No. 12060, 7547 Quill Drive. AYES: 4 " Council Members: Jackman, Swearingen, Greene, Miller ABSENT: 1 Council Member: Mackaig Councilman Mackaig returned to the meeting at 9:36 p.m. RESOLUTION NO. 3709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL PARCEL MAP NO. 10943 (E/s LAKEWOOD N/o FLORENCE) The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Mackaig to waive further reading. Council Minutes 7/24/79 -5- It was moved by Councilman Jackman, seconded by Councilman Mackaig, and passed by the following -vote to adopt Resolution No. 3709. RESOLUTION NO. 3710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING WATER SERVICE CONNECTION CHARGES The Resolution was read by title only. It was moved by Councilman Jackman and seconded by Councilman Greene to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to adopt Resolution No. 3710. MISCELLANEOUS ACTIONS Consultant Services Agreement with Berryman & Stephenson, Inc., for services at Wilderness and Indenendenne Pn,lrG Mr. Jarrett commented on staff review and selection of Berryman & Stephenson to do the architectural services for this project. He said although their proposal was not the lowest, it was felt they were the most qualified based on experience, Responding to Councilman Jackman's question as to why this cannot be done in-house, Mr. Spindel explained the City does not have any landscape architects and that the Engineering Division does most designs and contract administration for the parks. Responding to further questions, Mr. Jarrett stated the time and material Projects will be at the request of the City. He then commented on review of the proposals received and the feeling the lowest proponent did not have sufficient background experience for these kinds of projects. Councilman: Mackaig stated he cannot justify the $9,000 difference between the recommended proposal and, lowest proposal received. Mr. Jarrett also said the proposal of Berryman & Stephenson provides for on -site review, and someone will be stationed at both parks on an alternating basis to review the construction in progress. Councilman Greene thinks the Parks & Recreation Department should make available to Councilmen Swearingen and Mackaig pictures of what is proposed for the two parks. The Council also expressed a desire to see the tabulation of the bids received. Taken under submission to the next meeting. It was moved by Councilman Swearingen, seconded by Councilman Greene, and passed by the following vote to approve the Architectural Agreement with Willis R. Hanes, Associates, for design and construction plans for improvements at the Rio Hondo Country Club. Responding to questions about tearing down the existing building and con- structing a new one, Mr. Thompson said the cost would be several times greater than the current proposal; plus, there is a problem of available financing, and it would probably involve some sort of bonding. This program is designed so that the City will have a good facility over the next 20 years. AYES: 5 Council Members: Mackaig, Jackman, Swearingen, Greene, Miller CITY MANAGER'S REPORT Mr. Thompson commented on his recommendation for the City to continue the Program with the Southeast Council on Alcoholism & Drug Problems, Inc., for which the Police Chief concurs. Downey's share in the program is $1489 per year. It was moved by Councilman Jackman, seconded by Councilman Greene, and passed by unanimous vote to approve the Agreement with Southeast Council on Alcoholism & Drug Problems, Inc., for operation of a Public Inebriate Diversion Program. Council Minutes 7/24/79 -6- Mr. Thompson recorarended setting the City Attorney's retainer fee for 1979-60 at $2100 per month, which includes 30 hours attorneys services, as well as City Council and Planning Commission meetings. Councilman Mackaig suggested the Council consider eliminating the City Attorney from the Planning Commission meetings. Councilman Jackman feels the City's contribution to PERS on the City Attorney's behalf should be paid out of the $2100. Mr. Sorensen explained that when the statute went into effect and since he had once been a fulltime City Attorney and a member of PERS, he was required to become a member under the retirement program as Downey's City Attorney. He said it is his feeling this is customary in most cities. Discussion followed. Council Members requested additional information on this matter, inclnding whether other part-time attorneys are under PERS, and what basis they are •r:orking under, such as salary, hourly, etc. Councilman Jackman also inquired if there is any way to pay the requested increase without having to pay PERS on the increase. Mr. Sorensen replied the retainer can be kept the same with the City being billed for whatever business the City Attorney's office does; but, there would need to be a computation of hours his office would render under the present re- tainer and then bill on a job basis after that. The City Manager was requested to supply further information to the Council. Taken under submission. Mr. Thompson stated an interim report has been submitted to Council on banking services. A complete and final report will be submitted at a later meeting. STAFF REPORTS Mr. Sorensen commented on Assembly Bill 1930, which is an urgency statute concerning Zoning Ordinances. He indicated the bill is an attempt to overcome language in a recent Supreme Court decision that if an adopted Zoning ordinance restricts use of property and is overly restrictive so that it is not valid, if it has caused a property owner any damage, then the City must compensate the property owner for the damage. Councilman Jackman feels the Council should take a position on this. He suggested the City contact its legislators to find out what their position is and then go from there. ORAL COMMUNICATIONS Councilman Mackaia asked if the Council will have all of the information and be able to vote on the banking services next meeting. Mr. Thompson replied he hopes so. Councilman f'.ackaig spoke regarding the damage caused by illegal fireworks and asked if it is possible to increase the penalty. Chief Martin replied it is a State statute. Mr. Thompson suggested possibly State legislation could be introduced to in - increase the civil liability. Councilman Jackman said he has received calls from an irate citizen concerning the removal of parking signs on Alameda Street between Lakewood and Patton Road. Mr. Spindel explained the City removed the signs to conduct a study, which was approved by the Traffic Committee. The test will run another month. Councilman. Jackman requested a report on this in order to pass it on to the citizen and invite him to attend the next Traffic Committee meeting. Council Minutes 7/24/79 -7- Mr. Spindel pointed out that parking regulations cannot be changed without Council action. Councilman Greene referred to the excessive number of vehicles parked on and around the Glaser property. He expressed concern that the City cannot enforce this matter. Mr. Stup commented on the problems of enforcement by the District Attorney°s office. He noted the City does not have citation powers. There being no further business to come before the City Council, the meeting was adjourned at 10:36 p.m. Cod J an,Cook,, Deputy City Clerk -Treasurer Council Minutes 7/24/79 -8-